Navratil v. Smart

Supreme Court of Louisiana

Navratil v. Smart

373 So. 2d 544, 1979 La. LEXIS 6833

Supreme Court of Louisiana·Decided July 2, 1979·No. No. 64946·Published·Cited by 1 cases

Opinion

In re Boris F. Navratil applying for supervisory writs, and writs of certiorari, prohibition and mandamus. Parish of East Baton Rouge. No. 223,154.

Granted. The defendant has retained possession of the vehicle without any legal right to do so. The owner is entitled to an injunction to restore his possession of the vehicle pending trial on the merits of the defendant’s claim for towing charges and storage expenses. See Lusco v. McNeese, 86 So.2d 226 (La.App. 1st Cir. 1956) and cases therein cited. Furthermore, an injunction may lie against an illegal act.

SUMMERS, C. J., absent. DENNIS, J., concurs.

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In re Boris F. Navratil applying for supervisory writs, and writs of certiorari, prohibition and mandamus. Parish of East Baton Rouge. No. 223,154.

Granted. The defendant has retained possession of the vehicle without any legal right to do so. The owner is entitled to an injunction to restore his possession of the vehicle pending trial on the merits of the defendant’s claim for towing charges and storage expenses. See Lusco v. McNeese, 86 So.2d 226 (La.App. 1st Cir. 1956) and cases therein cited. Furthermore, an injunction may lie against an illegal act.

SUMMERS, C. J., absent. DENNIS, J., concurs.

Navratil v. Smart, 373 So. 2d 544, 1979 La. LEXIS 6833 (La. 1979).

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