Segal Radhi v. Christie Phuong Nguyen

SEGAL RADHI * NO. 2022-C-0518

VERSUS *
COURT OF APPEAL
CHRISTIE PHUONG NGUYEN, *
ET AL FOURTH CIRCUIT
*
STATE OF LOUISIANA
*******

APPLICATION FOR WRITS DIRECTED TO
CIVIL DISTRICT COURT, ORLEANS PARISH
NO. 2021-07974, DIVISION “B-5”
Honorable Rachael Johnson,
******
Judge Pro Tempore James F. McKay III
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(Court composed of Judge Tiffany Gautier Chase, Judge Dale N. Atkins, Judge Pro
Tempore James F. McKay III)

MICHAEL BAGNERIS
935 Gravier St., Suite 2110
New Orleans, Louisiana
COUNSEL FOR APPILCANT/RELATOR

WRIT GRANTED; ORDER VACATED

JULY 29, 2022

JFM
TGC
DNA Segal Radhi (“relator”), seeks review of the district court’s July 20, 2022

order granting Christie Phuong Nguyen’s (“defendant”), motion for suspensive

appeal or extension of time for return date.

On June 1, 2022, the district court evicted the defendant. On July 5, 2022,

the district court signed the written judgment of eviction. The defendant did not

seek a timely suspensive appeal from either judgment. On July 19, 2022, the

defendant filed a motion for suspensive appeal of extension of time for return date.

La. C.C.P. art. 47351 governs appeals from evictions. The defendant failed

to appeal the judgment within twenty-four hours of the signed judgment of

eviction.

1 La. C.C.P. art. 4735 provides that:

An appeal does not suspend execution of a judgment of eviction unless the
defendant has answered the rule under oath, pleading an affirmative defense
entitling him to retain possession of the premises, and the appeal has been applied
for and the appeal bond filed within twenty-four hours after the rendition of the
judgment of eviction. The amount of the suspensive appeal bond shall be
determined by the court in an amount sufficient to protect the appellee against all
such damage as he may sustain as a result of the appeal.

1

The district court’s order granting the suspensive appeal, dated July 20,

2022, is defective on its face. Accordingly, we grant the writ and vacate the order

of suspensive appeal.

WRIT GRANTED; ORDER VACATED

2