WHEELAHAN v. WHEELAHAN

No. 2000-CA-1330.

811 So.2d 26 (2001)

Harold M. WHEELAHAN, III v. Marguerite Vicknair WHEELAHAN.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion on Denial of Rehearing February 6, 2002.


Attorney(s) appearing for the Case

Marcus L. Giusti, Hannan, Drake & Giusti, Metairie, LA, Counsel for Appellant.

Harold M. Wheelahan, III, New Orleans, LA, Counsel for Plaintiff-Appellee.

Paula Perrone, Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, LA, Counsel for Defendant/Appellant.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge STEVEN R. PLOTKIN and Judge DAVID S. GORBATY.


ARMSTRONG, Judge.

This case involves the attempts of a judgment creditor to collect against the sureties who furnished a suspensive appeal bond. The issues on appeal are (1) whether the judgment creditor's action against the sureties is premature and (2) whether interest could be added to the judgment. We hold that the judgment creditor's action against the sureties is not premature and that neither the trial court nor this court has authority to add interest to the...

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