Versailles Arms Apartments v. Wheeler
Versailles Arms Apartments v. Wheeler, 452 So. 2d 326 (La. Ct. App. 4th Cir. 1984).
Cited by
Distinguished in 1
- State v. Hamdan 112 So. 3d 812 La. 2013
- New Orleans Hat Attack, Inc. v. New York Life Ins. Co. 665 So. 2d 1186 La. Ct. App. 4th Cir. 1995
- Cusimano v. Reilly 662 So. 2d 139 La. Ct. App. 4th Cir. 1995
- Curran Place Apartments v. Howard 563 So. 2d 577 La. Ct. App. 4th Cir. 1990
- State v. Mallett 552 So. 2d 28 La. Ct. App. 3d Cir. 1989
- State v. Williams 470 So. 2d 356 La. Ct. App. 5th Cir. 1985
- Versailles Arms Apartments v. Wheeler 461 So. 2d 310 La. 1984
Authorities cited
Identified automatically; this list may not be exhaustive.
- Lemann v. Kogos 273 So. 2d 63
- Elliott v. Di Mari, Corp. 411 So. 2d 1088
Opinion text
452 So.2d 326 (1984) VERSAILLES ARMS APARTMENTS v. Patricia WHEELER. No. CA-1532. Court of Appeal of Louisiana, Fourth Circuit. June 6, 1984. Rehearing Denied July 24, 1984. ORDER Defendant-appellant, Patricia Wheeler lived in the Versailles Arms Apartments, at 4952 Henri Drive pursuant to a written lease. On August 30, 1983, Ms. Wheeler was notified that her lease, which was to expire pursuant to its terms on September 30, 1983, was not to be extended and that she was to vacate the premises. Following a Rule to Evict Occupant, a judgment was rendered on October 24, 1983 in favor of Versailles Arms Apartments ordering Ms. Wheeler to vacate her apartment at 4952 Henri Drive within twenty-four hours. From this judgment, she appeals. In oral argument to this court both parties concede that appellant no longer occupies the leased premises. As in Lemann v. Kogos, 273 So.2d 63 (La.App. 4th Cir.1973), we find that the eviction judgment appealed from has been acquiesced in by appellant's moving out. Additionally, appellant's claim of occupancy is based upon a written lease which by its terms expired on September 30, 1983. Thus we cannot change the trial court's judgment, as it would serve no purpose nor have any legal effect. See Elliott v. Di Mari Corporation, 411 So.2d 1088 (La. App. 4th Cir.1976). Accordingly, the appeal is dismissed.