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      CCP 3662     


Art. 3662. Same; relief that may be granted successful plaintiff in judgment; appeal

            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.

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