Cloud v. Barnes

Supreme Court of Louisiana

Cloud v. Barnes

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

CourtSupreme Court of Louisiana

DecidedSeptember 27, 2013

DocketNo. 2013-C-1304

StatusPublished

Cited by4 cases

This text of 122 So. 3d 1006 (Cloud v. Barnes) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

122 So. 3d 1006, 2013 La. LEXIS 2104, 2013 WL 5419630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cloud-v-barnes-la-2013.

Opinion

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