No. 12276 Precedential Processed

Godchaux-Henderson Sugar Co. v. Reserve Barge Service, Inc.

Louisiana Court of Appeal, First Circuit · Filed February 19, 1981 · 395 So. 2d 472

Also decided on this docket: La. Ct. App. 1st Cir., November 20, 1978 365 So. 2d 577; La. Ct. App. 1st Cir., April 23, 1974 293 So. 2d 679

Cited by

Rousseau v. Employers Mut. of Wausau 493 So. 2d 121 La. Ct. App. 5th Cir. 1986

Opinion text

ON MOTION TO DISMISS REDMANN, Judge. On appellee’s motion, we dismiss this appeal from an eviction because appellant did not present any affirmative defense to the eviction and La.C.C.P. 4735 allows appeal from eviction only when defendant has “plead[ed] an affirmative defense entitling him to retain possession of the premises Defendant stipulated that its lease had expired, but argues that it cannot conveniently remove a barge from atop the formerly-leased batture on the Mississippi in any way other than it placed the barge there, namely by floating it in the high water of spring. That is no “affirmative defense entitling [defendant] to retain possession of the premises.” Appeal dismissed.