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HUGHES, J., would grant the writ and assigns reasons.
The defendants effected a de facto sus-pensive appeal by intentionally disobeying the trial court’s order to cancel the lis pendens. While plaintiff may not have responded in the best manner (a rule for contempt would have been more appropriate), I can understand the frustration. Given the factual background of this litigation, I do not believe sanctions were appropriate. Accordingly, I would grant the writ.
Document Info
Docket Number: No. 2013-C-1304
Citation Numbers: 122 So. 3d 1006, 2013 La. LEXIS 2104, 2013 WL 5419630
Judges: Hughes
Filed Date: 9/27/2013
Precedential Status: Precedential
Modified Date: 10/19/2024