Sandia Federal Savings & Loan Ass'n v. Hotel Bentley Partners

Louisiana Court of Appeal

Sandia Federal Savings & Loan Ass'n v. Hotel Bentley Partners

544 So. 2d 779, 1989 La. App. LEXIS 1233, 1989 WL 64007

CourtLouisiana Court of Appeal

DecidedJune 14, 1989

DocketNo. W89-638

StatusPublished

This text of 544 So. 2d 779 (Sandia Federal Savings & Loan Ass'n v. Hotel Bentley Partners) 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

Sandia Federal Savings & Loan Ass'n v. Hotel Bentley Partners, 544 So. 2d 779, 1989 La. App. LEXIS 1233, 1989 WL 64007 (La. Ct. App. 1989).

Pincite

Opinion

WRIT GRANTED AND MADE PEREMPTORY: The trial court’s ex parte order of June 13 is in clear violation of Art. 2752(A) C.C.P. which provides, in pertinent part, that “a temporary restraining order shall not issue to arrest the seizure and sale of immovable property, but the defendant may apply for a preliminary injunction in accordance with Article 3602. In the event the defendant does apply for a preliminary injunction the hearing for such shall be held before the sale of the property.” (Emphasis added)

For the reasons assigned, the sale is ordered to proceed as previously scheduled.

Free access — add to your briefcase to read the full text and ask questions with AI

WRIT GRANTED AND MADE PEREMPTORY: The trial court’s ex parte order of June 13 is in clear violation of Art. 2752(A) C.C.P. which provides, in pertinent part, that “a temporary restraining order shall not issue to arrest the seizure and sale of immovable property, but the defendant may apply for a preliminary injunction in accordance with Article 3602. In the event the defendant does apply for a preliminary injunction the hearing for such shall be held before the sale of the property.” (Emphasis added)

For the reasons assigned, the sale is ordered to proceed as previously scheduled.

Cite This Page — Counsel Stack

Bluebook (online)

544 So. 2d 779, 1989 La. App. LEXIS 1233, 1989 WL 64007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandia-federal-savings-loan-assn-v-hotel-bentley-partners-lactapp-1989.