Jimmy Davis, Inc. v. Downey

HALL, Judge.

The plaintiff in this mandamus action appeals from a trial court judgment which sustained a dilatory exception to the unauthorized use of summary proceedings and a peremptory exception of no cause of action, and dismissed plaintiff’s suit. We reverse the judgment appealed and remand the action to the district court for further proceedings.

The plaintiff, Jimmy Davis, Inc., filed this summary proceeding against the Clerk of Court and Recorder of Mortgages for Ouachita Parish, Bill C. Downey, and Billy Joe Blanchard, a judgment creditor holding a judicial mortgage against Jimmy L.…