Legal Opinion
Nitro Gaming Inc. v. Entercept Services Inc.
Louisiana Court of Appeal
Decided August 14, 2002No. 36,293-CAPublished
1Opinion of the Court
h STEWART, J.
Gibsland Bank and Trust Company (“GBT”), appeals a judgment sustaining an *1142exception of no cause of action and dismissing with prejudice its intervention filed in response to an executory proceeding instituted by Nitro Gaming, Inc., (“Ni-tro”). At issue is whether a seizing creditor who purchases property at a sheriffs sale is required to pay the full amount of the bid when a superior creditor intervenes after the sale but prior to distribution of the proceeds. The trial court concluded that the matter is governed by La. C.C.P. art. 2374, which provides for payment of “only that…
2Cases cited9 opinions
- City of New Orleans v. Bd. of Dir. of State MuseumSupreme Court of Louisiana · 1999
- La. Paddlewheels v. La. Riverboat GamingSupreme Court of Louisiana · 1994
- FIRST FEDERAL SAV. AND LOAN ASS'N v. BlakeLouisiana Court of Appeal · 1985
- Vives v. FortierLouisiana Court of Appeal · 1967
- First Nat. Bank of Commerce v. Watergate, Inc.Louisiana Court of Appeal · 1977
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