Bank of New Orleans & Trust Co. v. Seavey

399 So. 2d 642, 1981 La. App. LEXIS 4058

• Court: Louisiana Court of Appeal
• Decided: May 22, 1981
• Docket: No. 10632
• Status: Published

Opinions

SAMUEL, Judge.

This matter previously was heard, decided and handed down by a three judge panel of this court.¹ Subsequently, the Supreme Court of Louisiana granted certiorari, reversed and remanded to us for reargument before a panel of at least five judges under La. Const. Art. 5, § 8(B).²

The matter now having been heard by a five judge panel, we adhere to the views and conclusion expressed in our prior opinion and decree.³

Accordingly, the judgment of the trial court is reversed, the exception of lis pen-dens is overruled, and the matter is remanded to the trial court for further proceedings in accordance with law. Costs in this court are to be paid by the defendant-respondent; all other costs are to await a final determination.

REVERSED AND REMANDED.

REDMANN, J., dissents with written reasons.

1 . Bank of New Orleans & Trust Co. v. Seavey, La.App., 374 So.2d 696.

2 . Bank of New Orleans & Trust Co. v. Seavey, La., 383 So.2d 354.

3 .Supra, note 1.