Capital Bank v. Salley
Capital Bank v. Salley
Opinion of the Court
Plaintiff, Capital Bank, sued defendant to collect the balance due on a promissory note and to recognize a collateral mortgage
The principal issue presented is whether a party can appeal a judgment granting him full relief.
On December 15, 1989, plaintiff filed a petition against defendant to collect the sum of $5,405.81 together with interest and attorney’s fees. Plaintiff alleged that this sum was the balance due on a promissory note executed by defendant on February 24, 1989 in the principal sum of $6,860.98. The note was secured by a collateral mortgage on certain immovable property in Ouachita Parish.
Defendant was personally served, but filed no answer. On January 30, 1990 plaintiff obtained a default judgment fully granting the relief requested and ordering the Sheriff of Ouachita Parish to seize, advertise and sell the immovable property with benefit of appraisal. On April 4, 1990 plaintiff requested and was granted a de-volutive appeal.
In brief plaintiff alleges that it was unaware until after the default judgment of the existence of a federal tax lien covering the immovable property seized
Plaintiff claims that the Internal Revenue Service is an indispensable party and that under LSA-C.C.P. Art. 646 this court has the authority to remand a case to the District Court to allow the petition to be amended joining the Internal Revenue Service a defendant.
The general rule is that a party cannot appeal from a judgment rendered in his favor in strict accordance with his prayer for relief. Salassi v. Salassi, 220 La. 785, 57 So.2d 684 (1952); White v. Hill, 168 La. 92, 121 So. 585 (1929); State ex rel. John T. Moore Planting Company, Limited v. Howell, 139 La. 336, 71 So. 529 (1916); Acadian Heritage Realty v. City of Lafayette, 425 So.2d 388 (La.App. 3rd Cir. 1982), and Simpson v. Kimbell Milling Company, 164 So.2d 637 (La.App. 3rd Cir. 1964), writ refused, 246 La. 834, 167 So.2d 665 (1964).
The basic reasoning behind this rule is that a party is not aggrieved or prejudiced by the trial judgment which affords him the full relief requested. Simpson v. Kimbell Milling Company, supra. Further, a party who obtains a judgment in accordance with his prayer is estopped to deny the correctness of the judgment in the same manner as if he had acquiesced in it or executed it voluntarily. State ex rel. John T. Moore Planting Company, Limited v. Howell, supra.
The general rule is not without exceptions. An appeal is allowed where an injustice will result or the judgment contains adverse adjudications which will prejudice the appealing party. Salassi v. Salassi, supra.
In this case the exceptions to the general rule do not apply. The judgment obtained by plaintiff contains no adverse adjudications. Further, the interest of justice does not require an appeal.
Plaintiff obtained full relief against defendant. Plaintiff obtained a money judgment and the recognition of its security
Based upon the above ruling, it is not necessary to discuss whether or not the Internal Revenue Service is in fact an indispensable party.
DECREE
For these reasons, the appeal of the plaintiff, Capital Bank, is dismissed at plaintiffs cost.
. The record does not contain any evidence supporting the allegations in brief concerning a federal tax lien nor was any pleading filed in the trial court referring to this tax lien.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.