Cole Manufacturing Co. v. Cumberland Homes, Inc.

DUFRESNE, Judge.

William M. Justice, Clerk of Court of Jefferson Parish and defendant-appellant here, brings this appeal from a judgment rendered against him in the amount of $3,334.90 for negligent cancellation of a ma-terialman’s lien filed by Cole Manufacturing Company, plaintiff-appellee. Because we find that plaintiff failed to prove by a preponderance of the evidence that the lien affidavit was timely filed so as to perfect a valid privilege under the provisions of former La.R.S. 9:4812 (now La.R.S. 9:4822), we hold that no liability resulted for negligent cancellation of this unproved…