Cloud v. Barnes

Supreme Court of Louisiana

Cloud v. Barnes

122 So. 3d 1006, 2013 La. LEXIS 2104, 2013 WL 5419630

Supreme Court of Louisiana·Decided September 27, 2013·No. No. 2013-C-1304·Published·Cited by 4 cases

Opinion

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.

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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.

Cloud v. Barnes, 122 So. 3d 1006, 2013 La. LEXIS 2104, 2013 WL 5419630 (La. 2013).

Pincite

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Opinion

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