Brunet v. Justice

REDMANN, Judge.

Defendant Clerk of Court appeals from a judgment in this mandamus proceeding which ordered him to return to plaintiff general contractor a bond plaintiff furnished in compliance with R.S. 9:4841, to release a subcontractor’s timely recorded building contract lien claim. At the time of filing the mandamus, over a year had passed since the recording of the lien, and no lis pendens notice had been recorded by the claimant nor had any suit on the claim been filed. Plaintiff’s position is that any action to enforce the property lien is prescribed, and accordingly any action on the…