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DE LA VERGNE v. DE LA VERGNE

No. 95-CA-235.

662 So.2d 32 (1995)

Louis V. DE LA VERGNE v. Hugues J. DE LA VERGNE, II and Charles E. de la Vergne, Jr.

Court of Appeal of Louisiana, Fifth Circuit.

September 26, 1995.

Attorney(s) appearing for the Case

Kevin O'Bryon & Christopher R. Marrus, Leake and Andersson, L.L.P., New Orleans, for Plaintiff/Appellee, Louis V. de la Vergne.

Donald J. Miester, Jr., Benj. R. Slater, Jr., Benj. R. Slater, III, Mark E. Van Horn, Slater Law Firm, New Orleans, for Defendants/Appellants, Hugues J. de la Vergne, II and Charles E. de la Vergne, Jr.

Robert Mathis, Newman, Mathis, Brady, Wafefield & Spedale, Metairie, for Defendant/Appellee, Alaska Southern Partners.

Before GOTHARD and CANNELLA, JJ., and CHEHARDY, J. Pro. Tem.

SUSAN CHEHARDY Judge, Pro Tem.

Appellant, Hugues J. de la Vergne, II, ("Hugues"), appeals the District Court ruling that the statutory exemption from seizure of wage earnings was inapplicable to protect passive rental income. Hugues contends that the trial court erred on three counts: (1) by allowing plaintiff to garnish the entirety of the rents from the Fernwood complex, (2) by finding that proper service of the garnishment papers for the first month's rent continued...

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