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ECK v. O'FLARITY

No. CA 6822.

498 So.2d 1210 (1986)

Janis Munster, wife of and Patrick ECK v. Charlotte O'FLARITY et al.

Court of Appeal of Louisiana, Fourth Circuit.

December 16, 1986.

Attorney(s) appearing for the Case

Robert E. Kerrigan, Jr., David P. Gontar, Deutsch, Kerrigan & Stiles, New Orleans, for appellees.

Richard J. Najolia, New Orleans, for appellants.

Before REDMANN, C.J., and BYRNES and WARD, JJ.

REDMANN, Chief Judge.

Defendants move dismissal of plaintiffs' appeal on quantum from a judgment in plaintiffs' favor. Defendants argue that La.C.C.P. 2085 disallows plaintiffs' appeal because by a party "who voluntarily and unconditionally acquiesced in a judgment rendered against him...."

Plaintiffs' lawyer accepted payment for his clients, and gave a receipt acknowledging "satisfaction of the judgment ..., and ... certify[ing] that the court's docket should...

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