Legal Opinion

Elmwood Federal Savings & Loan Ass'n v. M & C Partnership in Commendam

Louisiana Court of Appeal

Decided October 31, 1989No. 89-CA-180PublishedCited by 3 opinions

1Opinion of the Court

GRISBAUM, Judge.

This appeal relates to a preliminary injunction concerning executory process. Having secured an order through exec-utory process for seizure and sale of defendant’s property, the plaintiff was met with *1218a motion for a preliminary injunction to enjoin the sale. The trial court denied the preliminary injunction which plaintiff now appeals on the grounds of certain defects in the proceedings. We set aside and remand.

ISSUES

Numerous issues have been raised; however, we deem only two principal questions require addressing:(1) Whether the executory proceedings were defective where no…

2Cases cited5 opinions

  1. First Guar. Bk. v. Baton Rouge Petroleum Center, Inc.Supreme Court of Louisiana · 1988
  2. Miller v. CappelSupreme Court of Louisiana · 1884
  3. Margolis v. Allen Mortgage & Loan Corp.Louisiana Court of Appeal · 1972
  4. BANK OF ST. CHARLES, ETC. v. Great So. CoachLouisiana Court of Appeal · 1982
  5. American SEC. Bank of Ville Platte v. DevilleLouisiana Court of Appeal · 1979

3Cited by3 opinions

  1. U.S. Bank National Ass'n v. DumasLouisiana Court of Appeal · 2014
  2. Community Development Capital v. Housing Corporation of America, Gregory Swafford, and Vanessa Marie Caliste SwaffordLouisiana Court of Appeal · 2019
  3. Community Development Capital v. Housing Corporation of America, Gregory Swafford, and Vanessa Marie Caliste SwaffordLouisiana Court of Appeal · 2019

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