Sloane v. Davis

DOUCET, Judge.

The question presented in this appeal is whether a notice of lis pendens is effectively cancelled by a judgment dismissing plaintiff’s suit when the judgment does not contain an order directing cancellation of the notice of lis pendens pursuant to LSA-C. C.P. Art. 3753. We reverse the trial court’s grant of defendant’s motion for summary judgment and remand.

The plaintiff, Bryan J. Sloane, Jr., originally filed suit on February 10,1977 against Edward Mike Davis seeking to be declared owner of a certain oil, gas and mineral interest on the basis of an employment contract with…