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GENERAL MOTORS ACCEPTANCE CORP. v. BOUTTE

No. 5614.

338 So.2d 363 (1976)

GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff-Appellant, v. Louis J. BOUTTE, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion October 8, 1976.

Rehearing Denied November 4, 1976.

Attorney(s) appearing for the Case

Piccione & Piccione by Peter C. Piccione, Jr., Lafayette, for plaintiff-appellant.

Armentor & Wattigny by Gerald B. Wattigny, New Iberia, for defendant-appellee.

Before HOOD, MILLER and WATSON, JJ.

MILLER, Judge.

Plaintiff General Motors Acceptance Corporation appeals the judgment refusing to grant it a deficiency judgment against defendant Louis J. Boutte amounting to $2,641.62 plus interest. The deficiency judgment was denied on finding the evidence established that the automobile seized and sold for $134 at GMAC's foreclosure was not properly appraised as required by LSA-R.S. 13-4364 et seq. and C.C. arts. 2771 et seq. We affirm.

On October 12, 1973...

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