Excel Baronne Discount, Inc. v. Montana

Full title: EXCEL BARONNE DISCOUNT, INC. v. BERNICE MONTANA

Court: Court of Appeal of Louisiana, Fourth Circuit

Date published: Jun 5, 1973

279 So. 2d 229 (La. Ct. App. 1973)

Opinion

No. 5544.

June 5, 1973.

APPEAL FROM NEW ORLEANS CITY COURT, SECTION B, STATE OF LOUISIANA, HONORABLE DOMINIC C. GRIESHABER, J.

Sidney A. Cotlar, Herman Herman, New Orleans, for plaintiff-appellee.

Patrick M. Reily, Polack, Rosenberg Rittenberg, New Orleans, for Orleans Parish School Board — Garnishee.

Before REDMANN, LEMMON and STOULIG, JJ.

REDMANN, Judge.

An employer garnished under fi. fa. appeals from a judgment condemning it for payments under R.S. 13:3881 (1) as worded when garnishment occurred, rather than after amendment by La.Acts 1970, No. 242.

Pending this appeal, Hooter v. Wilson, La., 273 So.2d 516 (1972), held the amendment applicable to existing garnishments.

The judgment appealed from is reversed and the judgment creditor's rule is dismissed at its cost.