MODICUT v. BREMER

No. 13561.

398 So.2d 570 (1980)

Joseph B. MODICUT v. Wilford E. BREMER.

Court of Appeal of Louisiana, First Circuit.

May 5, 1980.


Attorney(s) appearing for the Case

Gail H. Ray, Baton Rouge, for appellant.

Randall J. Cashio, Baton Rouge, for appellee.

Before COVINGTON, LOTTINGER and COLE, JJ.


LOTTINGER, Judge.

ON MOTION TO DISMISS

The narrow issue presented on this appeal is whether the defendant-lessee is entitled to appeal suspensively a judgment ordering his eviction from premises leased by the plaintiff-lessor.

The plaintiff-lessor claims that the lessee failed to satisfy the provisions of La.C.C.P. art. 4735, which prohibits a suspensive appeal from a judgment of eviction unless the lessee answers under oath and pleads an affirmative...

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