Opinion
No. 2013–C–1304.
2013-09-27
Julia CLOUD v. Jo Ann Boggs BARNES, Michael Delesdernier, Attorney at Law and ABC Insurance Company.
IN RE: Could, Julia et al; Swift, Rickey K.; –Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. 1, No. 547750; to the Court of Appeal, Second Circuit, No. 47, 764–CA.
Denied. HUGHES, J., would grant.
HUGHES, J., would grant the writ and assigns reasons.
The defendants effected a de facto suspensive appeal by intentionally disobeying the trial court's order to cancel the lis pendens. While plaintiff may not have responded in the best manner (a rule for contempt would have been more appropriate), I can understand the frustration. Given the factual background of this litigation, I do not believe sanctions were appropriate. Accordingly, I would grant the writ.