B.H. Walker v. Florida Moon, LLC, Steven Jay Irwin, Law Office of Steven Jay Irwin, LLC, and Melissa R. Henry, in her capacity as Clerk of Court and Ex-Officio Register of Conveyances and Recorder of Mortgages for the Parish of St. Tammany

Louisiana Court of Appeal

B.H. Walker v. Florida Moon, LLC, Steven Jay Irwin, Law Office of Steven Jay Irwin, LLC, and Melissa R. Henry, in her capacity as Clerk of Court and Ex-Officio Register of Conveyances and Recorder of Mortgages for the Parish of St. Tammany

DecidedJuly 6, 2020

Docket2020CW0422

StatusUnknown

This text of B.H. Walker v. Florida Moon, LLC, Steven Jay Irwin, Law Office of Steven Jay Irwin, LLC, and Melissa R. Henry, in her capacity as Clerk of Court and Ex-Officio Register of Conveyances and Recorder of Mortgages for the Parish of St. Tammany (B.H. Walker v. Florida Moon, LLC, Steven Jay Irwin, Law Office of Steven Jay Irwin, LLC, and Melissa R. Henry, in her capacity as Clerk of Court and Ex-Officio Register of Conveyances and Recorder of Mortgages for the Parish of St. Tammany) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

B.H. Walker v. Florida Moon, LLC, Steven Jay Irwin, Law Office of Steven Jay Irwin, LLC, and Melissa R. Henry, in her capacity as Clerk of Court and Ex-Officio Register of Conveyances and Recorder of Mortgages for the Parish of St. Tammany, (La. Ct. App. 2020).

Pincite

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

B. H. WALKER NO. 2020 CW 0422

VERSUS

FLORIDA MOON, LLC, STEVEN JAY IRWIN, LAW OFFICE OF

STEVEN JAY IRWIN, LLC, AND MELISSA R. HENRY, IN HER CAPACITY AS CLERK OF COURT

AN EX - OFFICIO REGISTER OF CONVEYANCES AND RECORDER OF MORTGAGES FOR THE PARISH OF JULY 06, 2020 ST. TAMMANY

In Re: Florida Moon, LLC, applying for supervisory writs,

22nd Judicial District Court, Parish of St. Tammany, No. 2020- 10267.

BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The portion of the trial court' s April 7,

2020 judgment which denied the exception of lis pendens filed by defendant, Florida Moon, LLC, is reversed. When two or more

suits are pending in a Louisiana court or courts on the same

transaction or occurrence, between the same parties in the same

capacities, the defendant may have all but the first suit

dismissed by excepting thereto. La. Code Civ. P. art. 531. The action entitled " Florida Moon, LLC v. Steven Jay Irwin, et al",

docket no. 2019- 16527, 22nd Judicial District Court, Parish of

St. Tammany, was pending between the same parties, in the same

capacities and arising from the same transaction or occurrence

when this action was filed. Although the Clerk of Court is also named as a defendant herein, she has no real interest in the

proceedings other than the lawful discharge of her ministerial

duties, and such duty does not arise until the validity of the mortgage in favor of Florida Moon, LLC is determined. , See L & A

Contracting Co., Inc. v. Mabry, 27, 791 ( La. App. 2d Cir. 1/ 24/ 96), 666 So. 2d 1295. The exception of lis pendens filed by defendant, Florida Moon, LLC, is granted, and this action is dismissed, without prejudice.

JMM

MRT WRC

DEPUTY CLERK OF COURT FOR THE COURT

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