COOK v. DESHAUTREAUX & KLEIN PEDIATRIC CLINIC

No. 6864.

315 So.2d 405 (1975)

Barbara Jean Gaspard Cook, wife of/and Donald Ray COOK v. DESHAUTREAUX & KLEIN PEDIATRIC CLINIC, et al.

Court of Appeal of Louisiana, Fourth Circuit.

July 8, 1975.


Attorney(s) appearing for the Case

LaBorde & Brooks, John H. Brooks and Gerald T. LaBorde, New Orleans, for plaintiffs-appellees.

Lemle, Kelleher, Kohlmeyer & Matthews, Paul B. Deal, New Orleans, for defendants-appellants.

Before REDMANN, LEMMON and BEER, JJ.


LEMMON, Judge.

This is an appeal from a judgment on a rule, denying the refund of an overpayment of interest on an earlier judgment on the merits. The narrow issue in this appeal is: When was judicial demand against the parties cast in the judgment on the merits?

On October 13, 1972 plaintiffs filed a tort action to recover damages resulting from a slip and fall in the entrance of a certain building. Plaintiffs named as defendants the two doctors who leased...

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