BENINATE v. LICATA

No. 85-CA-61.

473 So.2d 94 (1985)

John A. BENINATE v. Mary Matranga LICATA, Mary Lee Power, wife of/and Nicholas B. Licata, Jr.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied August 16, 1985.


Attorney(s) appearing for the Case

Martin A. Welp, New Orleans, for Helen Whittenburg, wife of/and John A. Beninate, plaintiffs-appellants.

Jocelyn D. Guarisco, Metairie, for Mary Matranga Licata, Mary Lee Power, wife of/and Nicholas B. Licata, Jr., defendants-appellees.

Before CHEHARDY, GAUDIN and GRISBAUM, JJ.


CHEHARDY, Judge.

The only issue before us on this appeal is the effect of a suspensive appeal on the operation of a judgment to set off a debt.

Plaintiffs, the Beninates, filed suit by ordinary process to enforce a mortgage on property they had previously sold by credit sale to defendants, the Licatas. The Beninates alleged that the mortgage payment due September 4, 1983 was not made and that under the acceleration clause of the mortgage the entire unpaid...

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