Segal Radhi v. Christie Phuong Nguyen

Louisiana Court of Appeal

Segal Radhi v. Christie Phuong Nguyen

DecidedJuly 29, 2022

Docket2022-C-0518

StatusPublished

This text of Segal Radhi v. Christie Phuong Nguyen (Segal Radhi v. Christie Phuong Nguyen) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Segal Radhi v. Christie Phuong Nguyen, (La. Ct. App. 2022).

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Opinion

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 ****** (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.

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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 ****** (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.

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Segal Radhi v. Christie Phuong Nguyen, Counsel Stack Legal Research, https://law.counselstack.com/opinion/segal-radhi-v-christie-phuong-nguyen-lactapp-2022.