Louisiana Code of Civil Procedure 3662 – Same; relief that may be granted successful plaintiff in judgment; appeal
Terms Used In Louisiana Code of Civil Procedure 3662
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
A. A judgment rendered for the plaintiff in a possessory action shall:
(1) Recognize the plaintiff’s right to the possession of the immovable property or real right therein, and restore him to possession thereof if he has been evicted, or maintain him in possession thereof if the disturbance has not been an eviction.
(2) Order the defendant to assert his adverse claim of ownership of the immovable property or real right therein in a petitory action to be filed within sixty days after the date the judgment becomes executory, or be precluded thereafter from asserting the ownership thereof, if the plaintiff has prayed for this relief and this relief is not precluded by Paragraph B of this Article.
(3) Award the plaintiff the damages to which he is entitled and for which he has prayed.
B. A judgment in a possessory action shall not grant the relief described in Subparagraph (A)(2) of this Article against the state or against a defendant who appeared in the action only through an attorney appointed to represent him under Article 5091.
C. A suspensive appeal from the judgment rendered in a possessory action may be taken within the delay provided in Article 2123, and a devolutive appeal may be taken from the judgment only within thirty days of the applicable date provided in Article 2087(A).
Amended by Acts 1981, No. 256, §1; Acts 2010, No. 185, §1; Acts 2023, No. 421, §2.