GODCHAUX-HENDERSON SUGAR CO., INC. v. RESERVE BARGE SERVICE, INC.

No. 12276.

395 So.2d 472 (1981)

GODCHAUX-HENDERSON SUGAR COMPANY, INC. v. RESERVE BARGE SERVICE, INC.

Court of Appeal of Louisiana, Fourth Circuit.

February 19, 1981.


Attorney(s) appearing for the Case

Gerald F. Slattery, Jr., Singer, Hutner, Levine, Seeman & Stuart, New Orleans, for plaintiff-appellee.

Before REDMANN, GULOTTA and KLIEBERT, JJ.


ON MOTION TO DISMISS

REDMANN, Judge.

On appellee's motion, we dismiss this appeal from an eviction because appellant did not present any affirmative defense to the eviction and La.C.C.P. 4735 allows appeal from eviction only when defendant has "plead[ed] an affirmative defense entitling him to retain possession of the premises...."

Defendant stipulated that its lease had expired, but argues that it cannot conveniently remove a barge from atop the...

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