Oak Cliff Bank & Trust Co. v. Kittle

SCHOTT, Judge.

Plaintiff appeals from a dismissal of its suit filed pursuant to LSA-C.C.P. Arts. 2771, 2772 for a deficiency judgment after defendant’s 1967 Rambler was sold by the Civil Sheriff of the Parish of Orleans on March 17, 1971.

Plaintiff originally instituted ordinary proceedings against defendant on September 4, 1970, after service of the petition and citation on him took a default judgment on October 14, 1970, and confirmed the default on October 23, 1970. No appeal was taken by defendant and the automobile was sold pursuant to a writ of fieri facias.

Since the automobile was not…