A suspensive appeal stays the effect or execution of the eviction judgment. If the tenant’s eviction is affirmed by the court of appeal, the judgment becomes final and executory. Timely application to the Louisiana Supreme Court for a writ of certiorari precludes execution of the eviction judgment until the Supreme Court rejects the writ application.1
A final appellate judgment may be executed in the trial court without further notice after the landlord has filed a certified copy of the appellate judgment with the clerk for the trial court.2
The landlord’s and tenant’s obligations remain in effect during the suspensive appeal.3 A landlord who attempts to evict or eject a tenant in violation of the suspensive appeal or a stay order may be subject to a contempt action for violation of a court order or damages for lease violations.4
At least one court has held that a suspensive appeal does not suspend a tenant’s obligation to pay rent as it becomes due during the appeal.5 Thus, despite pendency of a suspensive appeal, failure to pay rent in a subsequent month may constitute a lease violation for which the landlord can sue to evict. As a result, a tenant should timely tender the rent as it becomes due while the appeal is pending. Moreover, if the appeal bond is set at monthly rent payable as due, failure to timely pay rent to the court registry pursuant to the appeal bond could result in dismissal of the tenant’s suspensive appeal.6
- 1La. C.C.P. art. 2166.
- 2La. C.C.P. arts. 2166, 2167; Francis v. Lake Charles Am. Press, 265 So. 2d 206 (La. 1972).
- 3Cf. Reed v. Classified Parking Sys., 324 So. 2d 484, 490 (La. App. 2 Cir. 1975). But see Smith v. Castro Bros. Corp., 443 So. 2d 660 (La. App. 4 Cir. 1983).
- 4A suspensive appeal order suspends or stays the effect or execution of the judgment. La. C.C.P. art. 2123(A). Violation of a suspensive appeal order is punishable as contempt. See La. C.C.P. arts. 224–227; La. R.S. 13:4611. Violation of a stay order is punishable as contempt. See La. C.C.P. art. 3611 (violations of injunctions punishable as contempt of court; court may undo whatever was done in violation of an injunction and aggrieved party may recover damages); La. C.C.P. art. 2502.
- 5Sarpy v. Morgan, 426 So. 2d 293 (La. App. 4 Cir. 1983); see also Guste v. Thomas, 2019-C-0988 (La. App. 4 Cir. 11/19/19).
- 6Lakewind E. Apartments, 629 So. 2d 422.