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ROURKE v. CLOUD

No. 8274.

398 So.2d 57 (1981)

Dr. John C. ROURKE, Plaintiff-Appellee, v. Leonard CLOUD, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

March 19, 1981.

Attorney(s) appearing for the Case

James L. Babin, Lake Charles, for defendant-appellant.

Scofield, Bergstedt, Gerard, Hackett & Mount by Robert L. Hackett, Lake Charles, for plaintiff-appellee.

Before GUIDRY, SWIFT and DOUCET, JJ.

ON MOTION TO DISMISS SUSPENSIVE APPEAL

DOUCET, Judge.

The plaintiff, John C. Rourke, M.D., obtained a judgment of eviction against the defendant, Leonard Cloud, on January 5, 1981. The defendant timely moved for and was granted a suspensive and devolutive appeal from this judgment.

The plaintiff has moved to dismiss the suspensive appeal on the ground that the answer filed by the defendant did not state an affirmative defense as required by Article...

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