reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 2133 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2133. Answer of appellee; when necessary

A. An appellee shall not be obliged to answer the appeal unless he desires to have the judgment modified, revised, or reversed in part or unless he demands damages against the appellant. In such cases, he must file an answer to the appeal, stating the relief demanded, not later than fifteen days after the return day or the lodging of the record whichever is later. The answer filed by the appellee shall be equivalent to an appeal on his part from any portion of the judgment rendered against him in favor of the appellant and of which he complains in his answer. Additionally, however, an appellee may by answer to the appeal, demand modification, revision, or reversal of the judgment insofar as it did not allow or consider relief prayed for by an incidental action filed in the trial court. If an appellee files such an answer, all other parties to the incidental demand may file similar answers within fifteen days of the appellee's action. B. A party who does not seek modification, revision, or reversal of a judgment in an appellate court, including the supreme court, may assert, in support of the judgment, any argument supported by the record, although he has not appealed, answered the appeal, or applied for supervisory writs.  Amended by Acts 1968, No. 129, §1; Acts 1970, No. 474, §1; Acts 1989, No. 121, §1.
LA Code Civ Pro art. 2161 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2161. Dismissal for irregularities

An appeal shall not be dismissed because the trial record is missing, incomplete or in error no matter who is responsible, and the court may remand the case either for retrial or for correction of the record. An appeal shall not be dismissed because of any other irregularity, error or defect unless it is imputable to the appellant. Except as provided in Article 2162, a motion to dismiss an appeal because of any irregularity, error, or defect which is imputable to the appellant must be filed within three days, exclusive of holidays, of the return day or the date on which the record on appeal is lodged in the appellate court, whichever is later. Amended by Acts 1972, No. 531 §1.
LA Code Civ Pro art. 2162 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2162. Dismissal by consent of parties, or because of lack of jurisdiction or right to appeal, or abandonment; transfer

An appeal can be dismissed at any time by consent of all parties, or for lack of jurisdiction of the appellate court, or because there is no right to appeal, or if, under the rules of the appellate court, the appeal has been abandoned. If an appeal is taken to an appellate court which has no jurisdiction over it, the court may transfer the appeal to the proper court, upon such terms and conditions as it may prescribe. If an appeal is transferred to the supreme court in error, the supreme court may transfer or retransfer it to the proper court.
LA Code Civ Pro art. 2163 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2163. Peremptory exception filed in appellate court; remand if prescription pleaded

The appellate court may consider the peremptory exception filed for the first time in that court, if pleaded prior to a submission of the case for a decision, and if proof of the ground of the exception appears of record. If the ground for the peremptory exception pleaded in the appellate court is prescription, the plaintiff may demand that the case be remanded to the trial court for trial of the exception.
LA Code Civ Pro art. 2164 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2164. Scope of appeal and action to be taken; costs

The appellate court shall render any judgment which is just, legal, and proper upon the record on appeal. The court may award damages, including attorney fees, for frivolous appeal or application for writs, and may tax the costs of the lower or appellate court, or any part thereof, against any party to the suit, as in its judgment may be considered equitable. Acts 2010, No. 184, §1.
LA Code Civ Pro art. 2164.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2164.1. Assignment of appellate panels

  The provisions of R.S. 13:319 shall be applicable to assignment of appellate panels.  Acts 2018, No. 658, §2.
LA Code Civ Pro art. 2165 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2165. Appeals deemed abandoned

An appeal is abandoned when the parties fail to take any step in its prosecution or disposition for the period provided in the rules of the appellate court. Amended by Acts 1966, No. 36, §1; Acts 1982, No. 186, §2.
LA Code Civ Pro art. 2166 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2166. Rehearing, court of appeal judgment; finality; stay

A. Within fourteen days of the transmission of the notice of the judgment of the court of appeal, a party may apply to the court of appeal for a rehearing. Within thirty days of the transmission of the notice of the judgment of the court of appeal, a party may apply to the supreme court for a writ of certiorari. The judgment of a court of appeal becomes final and definitive if neither an application to the court of appeal for rehearing nor an application to the supreme court for a writ of certiorari is timely filed. B. When any party files a timely application to the court of appeal for a rehearing, the time within which any other party may apply to the supreme court for a writ of certiorari shall be extended until thirty days of the transmission of the notice of a denial of rehearing. C. When a timely application for rehearing has been filed in the court of appeal and the court of appeal denies the application, the judgment becomes final and definitive unless an application for writ of certiorari to the supreme court is filed within thirty days of the transmission of the notice of a denial of rehearing. D. When a party files a timely application for a writ of certiorari to the supreme court within the delays provided in this Article, any other party may also apply for certiorari to the supreme court within thirty days of the transmission of the notice of judgment of the court of appeal or within ten days of the transmission by the supreme court clerk of the notice of first application for certiorari in the case, whichever is later. E. When an application for certiorari to the supreme court is timely filed, a judgment of the court of appeal becomes final and definitive after a delay of five days, exclusive of legal holidays, commencing to run on the day after the clerk has mailed the denial by the supreme court of the application for certiorari. The supreme court may stay the execution of the judgment of the court of appeal pending a timely application for certiorari or an appeal to the United States Supreme Court. F. For the purposes of this Article, "transmission of the notice" means the sending of the notice via the United States Postal Service, electronic mail, or facsimile. Acts 1983, No. 451, §2; Acts 2001, No. 587, §1; Acts 2012, No. 290, §1, eff. Jan. 1, 2013; Acts 2012, No. 741, §1.
LA Code Civ Pro art. 2167 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2167. Rehearing, supreme court judgment; finality; stay

A. Within fourteen days of the transmission of the notice of judgment in the supreme court, a party may apply to the court for a rehearing. B. A judgment of the supreme court becomes final and definitive when the delay for application for rehearing has expired and no timely application therefor has been made. C. When an application for rehearing has been applied for timely, a judgment of the supreme court becomes final and definitive when the application is denied. The supreme court may stay the execution of the judgment pending a timely application for certiorari or an appeal to the United States Supreme Court. D. For the purposes of this Article, "transmission of the notice" means the sending of the notice via the United States Postal Service, electronic mail, or facsimile. Amended by Acts 1977, No. 180, §1, eff. Jan. 1, 1978; Acts 1982, No. 163, §1; Acts 2012, No. 290, §1, eff. Jan. 1, 2013.
LA Code Civ Pro art. 2168 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2168. Posting of unpublished opinions; citation

A. The unpublished opinions of the supreme court and the courts of appeal shall be posted by such courts on the Internet websites of such courts. B. Opinions posted as required in this Article may be cited as authority and, if cited, shall be cited by use of the case name and number assigned by the posting court. Acts 2006, No. 644, §1.
LA Code Civ Pro art. 2201 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2201. Supervisory writs

Supervisory writs may be applied for and granted in accordance with the constitution and rules of the supreme court and other courts exercising appellate jurisdiction.
LA Code Civ Pro art. 2251 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2251. Execution only in trial court; appellate court judgment

A judgment can be executed only by a trial court. A party seeking to execute a judgment of an appellate court must first file a certified copy with the clerk of the trial court. This filing may be made without prior notice to the adverse party.
LA Code Civ Pro art. 2252 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2252. Delay before proceeding with execution

A judgment creditor may proceed with the execution of a judgment only after the delay for a suspensive appeal therefrom has elapsed; however, recordation of a judgment in the mortgage records prior to the lapsing of the delay for a suspensive appeal does not begin proceedings for the execution of the judgment. Acts 1985, No. 523, §1, eff. July 12, 1985.
LA Code Civ Pro art. 2253 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2253. Writ from clerk to sheriff

At the request of a judgment creditor, the clerk shall issue a writ bearing his signature, the seal of the court, and the date, and directing the sheriff of the parish where the judgment is to be executed to enforce it in the manner set forth in the writ. Concurrent writs may be directed to sheriffs of several parishes.
LA Code Civ Pro art. 2254 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2254. Execution by sheriff; return; wrongful seizure

  A. The sheriff shall proceed promptly to execute the writ and make a return to the clerk who issued it, stating the manner in which it was executed.  B. The sheriff shall have no liability to the debtor or to any third party for wrongful or improper seizure of the debtor's or third party's property of the same general type as described in the debtor's security agreement. If necessary, the sheriff shall request the secured creditor to identify the property subject to the security agreement and shall act pursuant to the secured creditor's instructions. The debtor's and other owner's sole remedy for the wrongful or improper seizure of the property shall be for actual losses sustained under R.S. 10:9-625 against the secured creditor on whose behalf and pursuant to whose instructions the sheriff may act.  Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 2021, No. 259, §2.
LA Code Civ Pro art. 2291 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2291. Money judgment; fieri facias

A judgment for the payment of money may be executed by a writ of fieri facias directing the seizure and sale of property of the judgment debtor.
LA Code Civ Pro art. 2292 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2292. Privilege of creditor on seized property; successive seizures

A. To the extent not otherwise governed under Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.), a seizing creditor, by the mere act of seizure, acquires a privilege on the property seized, which entitles him to a preference over ordinary creditors. B. When several seizures of the same property are made by ordinary creditors, the seizing creditors acquire a privilege and are entitled to a preference among themselves according to the order of their seizures. Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 2294 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2294. Time for seizure; return

A seizure may be made under a writ of fieri facias only within one year from the date of its issuance. At the expiration of that time the sheriff shall make a return on the writ unless a seizure has been made within the time. If a seizure has been made the sheriff shall proceed with the sale and thereupon make a return.
LA Code Civ Pro art. 2294.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2294.1. Time for seizure; return; city courts in Orleans Parish

A. A seizure may be made under a writ of fieri facias issued by a city court in Orleans Parish, only within six months from the date of its issuance. B. At the expiration of that time the constable shall make a return on the writ unless a seizure has been made within the time. If a seizure has been made the constable shall proceed with the sale and thereupon make a return. Added by Acts 1978, No. 366, §1; Acts 1991, No. 289, §1; Acts 2011, 1st Ex. Sess., No. 29, §1.
LA Code Civ Pro art. 2295 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2295. Order of sale; sale in globo

If several items of property have been seized, or if one item of property which is divisible into portions has been seized, the judgment debtor, at any time prior to the first advertisement, may designate the order in which the items or portions of property will be sold, except that the judgment creditor can direct the sale of property on which he has a mortgage, or a privilege other than that resulting from the seizure. If the judgment debtor does not designate the order of sale, the order of sale shall be at the discretion of the sheriff. When property is offered by items or portions and the total price bid is insufficient to satisfy the judgment, with interest and costs, or if the judgment debtor so requests, the property shall be offered in globo and thus sold if a higher bid is obtained.
LA Code Civ Pro art. 2296 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2296. Reduction of excessive seizure

If several items of property have been seized, or if one item of property which is divisible into portions has been seized, and if the value of the property seized exceeds what is reasonably necessary to satisfy the judgment, including interest and costs, the judgment debtor may obtain the release of the excess items or portion by contradictory motion filed not less than ten days before the day fixed for the sale. The judgment debtor may not obtain the release of property on which the judgment creditor has a mortgage, or a privilege other than that resulting from the seizure.
LA Code Civ Pro art. 2297 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2297. Alias fieri facias

After a writ of fieri facias has been returned unsatisfied, another writ of fieri facias may be issued.
LA Code Civ Pro art. 2298 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2298. Injunction prohibiting sale; damages

Injunctive relief prohibiting the sheriff from proceeding with the sale of property seized under a writ of fieri facias shall be granted to the judgment debtor or to a third person claiming ownership of the seized property:  (1) When the sheriff is proceeding with the execution contrary to law;  (2) When subsequent to the judgment payment has been made, or compensation has taken place against the judgment, or it has been otherwise extinguished. If the payment, compensation, or extinguishment is for a part of the judgment, the injunction shall be granted to that extent, and the execution shall continue for the amount of the excess;  (3) When the judgment is for the payment of the purchase price of property sold to the judgment debtor and a suit for recovery of the property has been filed by an adverse claimant; or  (4) When the judgment sought to be executed is absolutely null. In the event injunctive relief is granted to the judgment debtor or third party claiming ownership of the seized property, if the court finds the seizure to be wrongful, it may allow damages. Attorney's fees for the services rendered in connection with the injunction may be included as an element of the damages. Amended by Acts 1981, No. 301, §1.
LA Code Civ Pro art. 2299 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2299. Order prohibiting payment of proceeds of sale

When a third person has intervened and asserted a privilege on the property seized superior to that of the judgment creditor, the court shall order the sheriff to withhold a portion of the proceeds of the judicial sale of the property sufficient to satisfy the intervener's claim, subject to the further orders of the court. Amended by Acts 1961, No. 23, §1.
LA Code Civ Pro art. 2331 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2331. Publication of notice of sale

  A. Notice of the sale of property under a writ of fieri facias shall be published at least once for movable property, and at least twice for immovable property, in the manner provided by law. The court may order additional publications.  B. Notwithstanding the requirements of Paragraph A of this Article, if a judicial sale of immovable property is cancelled or postponed and rescheduled for a later date, notice of sale of property under a writ of fieri facias shall be published once in the manner provided by law.  C. The sheriff shall not order the advertisement of the sale of the property seized until three days, exclusive of holidays, have elapsed after service on the judgment debtor of the notice of seizure, as provided in Article 2293.  Amended by Acts 2021, No. 469, §1.
LA Code Civ Pro art. 2332 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2332. Appraisal

A. The property seized must be appraised according to law prior to the sale. However, when the property seized is subject to a mortgage, security agreement, or other document creating a privilege in which the debtor has waived the right to appraisal and the judgment recites that the right of the judgment creditor to enforce the judgment is limited to the collateral or security for the amount of such judgment, there shall be no requirement that the property seized be appraised prior to the sale. If a mortgage on immovable property contains a waiver of appraisal and is sought to be enforced under a writ of fieri facias and the plaintiff prays for a sale without appraisal, the sale shall be conducted without appraisal. B. If the personal obligation is also secured by other mortgages or security interests not recognized in the judgment, the judicial sale of any property securing the personal obligation in accordance with Paragraph A shall not prevent the enforcement in rem of such other mortgages or security interests. C. There is no requirement that collateral subject to a security interest under Chapter 9 of the Louisiana Commercial Laws be appraised prior to the sale. Acts 1991, No. 377, §1, eff. Jan. 1, 1992; Acts 2001, No. 588, §1; Acts 2003, No. 1072, §1.
LA Code Civ Pro art. 2333 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2333. Sale of perishable property

The court, at the request of a party, may order the immediate sale at public auction, without advertisement or appraisement, of property that is perishable and subject to loss or deterioration pending compliance with the usual formalities. Notice of the time and place of the sale shall be given to all parties. The property shall be sold for cash to the highest bidder.
LA Code Civ Pro art. 2334 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2334. Reading of advertisement and certificates

  A. At the time and place designated for the sale, the sheriff shall read aloud all or part of the advertisement describing the property in such sufficiency as to reasonably provide notice to the public of the property then being offered for sale, which, at a minimum, shall include the lot and subdivision or municipal number or by section, township, and range, including some identifying mark, if appropriate, and a reference to the conveyance or mortgage recordation. The sheriff shall also read aloud a mortgage certificate and any other certificate required by law or otherwise provide, at least twenty-four hours prior to the sale, a copy of such certificates to the public by means of public posting, written copies, electronic means, or by any other method.  B. The failure of the sheriff to procure, read aloud, or provide a copy of any certificate as required by this Article shall not impact the validity of the sale and shall not give rise to any cause of action against the sheriff, the seizing creditor, or the purchaser arising out of such failure.  Amended by Acts 2019, No. 415, §1; Acts 2021, No. 309, §1.
LA Code Civ Pro art. 2335 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2335. Superior mortgage or privilege

The sheriff shall announce that the property is to be sold for cash subject to any security interest, mortgage, lien, or privilege thereon superior to that of the seizing creditor. Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 2336 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2336. Minimum price; second offering

Except as provided in Article 2332, the property shall not be sold if the price bid by the highest bidder is less than two-thirds of the appraised value. In that event, the sheriff shall re-advertise the sale of the property in the same manner as for an original sale, and the same delay must elapse. At the second offering, the property shall be sold for cash for whatever it will bring, except as provided in Article 2337. The debt owed to the seizing creditor shall not be reduced by the costs of the sale, but shall be reduced by the greater of either one-half of the appraised value, less superior security interests, mortgages, liens, and privileges, or the amount by which the price bid exceeds superior security interests, mortgages, liens, and privileges. Acts 1995, No. 1023, §1; Acts 2001, No. 588, §1.
LA Code Civ Pro art. 2337 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2337. Price insufficient to discharge superior privileges; property not sold

If the price offered by the highest bidder at the first or subsequent offering is not sufficient to discharge the costs of the sale and the security interests, mortgages, liens, and privileges superior to that of the seizing creditor, the property shall not be sold. Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 2338 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2338. Judgment creditor having superior privilege; price insufficient to satisfy inferior mortgage

A. If the security interest, mortgage, lien, or privilege of the seizing creditor is superior to other security interests, mortgages, liens, and privileges on the property, he may require that the property be sold, even though the price is not sufficient to satisfy his or the inferior security interests, mortgages, liens, and privileges. B. If the seizing creditor is not present or represented at the sale, the property shall not be sold for less than the amount necessary to fully satisfy his writ plus the costs. Acts 1987, No. 939, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
LA Code Civ Pro art. 2339 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2339. Judgment debtor and creditor may bid

The judgment debtor and the seizing creditor may bid for the property.
LA Code Civ Pro art. 2340 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2340. Payment of debt prior to adjudication

The sale of the property may be prevented at any time prior to the adjudication by payment to the sheriff of the judgment, with interest and costs.
LA Code Civ Pro art. 2341 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 2341. Sale when installment not due

When the seizing creditor has a security interest, mortgage, lien, or privilege on the property seized, for a debt of which all the installments are not due, he may demand that the property be sold for the entire debt, on the same terms for the payment of unmatured installments as provided in the original contract. Acts 1989, No. 137, §18, eff. Sept. 1, 1989.