WILLSWOOD PLANTATION, INC. v. FORET

No. 11300.

391 So.2d 1389 (1980)

WILLSWOOD PLANTATION, INC. v. Clarence P. FORET.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Refused January 26, 1981.


Attorney(s) appearing for the Case

Pilie & Pilie, M. Arnaud Pilie, New Orleans, for plaintiff-appellant.

Lemle, Kelleher, Kohlmeyer & Matthews, David S. Kelly, New Orleans, for defendant-appellee.

Lee, Hoppe, Martiny & Caracci, Henry B. Hoppe, Jr., Metairie, for defendant-appellee.

Before REDMANN, GULOTTA and BARRY, JJ.


BARRY, Judge.

This is an appeal by a judgment creditor seeking to hold a surety liable on its suspensive appeal bond.

Willswood Plantation, Inc. (Willswood) filed suit against Clarence Foret for past due rents on a lease and judgment was rendered awarding plaintiff $29,100.00 plus interest and costs. The judgment was silent as to Willswood's right to possession of the premises. Foret filed a motion for a new trial which was denied on May 11, 1977. Notice of...

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