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ALEMEIDA v. TAYLOR

No. 96 CA 2124.

699 So.2d 1121 (1997)

Fernando and Marcelle ALEMEIDA v. The Honorable Marie TAYLOR, Justice of the Peace, Ward 4 of St. Tammany Parish, State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

September 19, 1997.

Attorney(s) appearing for the Case

William M. Magee, Covington, for Plaintiffs-Appellees Fernando & Marcelle Alemeida.

Michael E. Holoway, Covington, for Defendant-Appellant Marie Taylor.

Before LOTTINGER, C.J., and SHORTESS and FOGG, JJ.

SHORTESS, Judge.

On April 9, 1996, Justice of the Peace Marie Taylor (defendant) signed a judgment evicting Fernando and Marcelle D. Alemeida (plaintiffs) from a home owned by Blair M. and Diane M. Johnson. Within twenty-four hours plaintiffs appealed the eviction and filed a suspensive appeal bond signed by Marcelle D. Alemeida as surety. On April 16, 1996, a deputy clerk of court returned the bond to plaintiffs' counsel, advising him the bond was improper because...

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