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Fryar v. Westside Habilitation Center

Court of Appeal of Louisiana, Third Circuit
Oct 11, 1982
425 So. 2d 804 (La. Ct. App. 1982)

Opinion

No. 82-586.

October 11, 1982.

APPEAL FROM NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, STATE OF LOUISIANA, HONORABLE ALFRED A. MANSOUR, J.

Gold, Little, Simon, Weems Bruser, Charles S. Weems, III, Alexandria, for defendant-relator.

William E. Skye, Provosty, Sadler deLaunay, H. Brenner Sadler, Harry Hammill, of Kramer Hammill, Gus Voltz, Jr., Alexandria, for defendant-respondent.

Guy E. Humphries, Jr., Alexandria, for plaintiff-respondent.

Before DOMENGEAUX, GUIDRY and YELVERTON, JJ.


WRIT GRANTED AND MADE PEREMPTORY: While injunctive relief is available to a beneficiary against a trustee under La.R.S. 9:2232, the relief authorized is the same as that provided by Articles 3601 through 3613 of the Code of Civil Procedure. Under these articles and the jurisprudence, an injunction in its mandatory form, when it commands the doing of something, cannot be issued until after a hearing on the merits. Red River, Atchafalaya and Bayou Boeuf Levee District v. Noles, 406 So.2d 294 (La.App. 3rd Cir. 1981). The hearing below was not a trial on the merits.

Summary proceedings are available for actions brought under the trust code. La.R.S. 9:2331. These proceedings are governed by Code of Civil Procedure articles 2591 through 2596. The plaintiffs and third-party plaintiffs may utilize the summary proceedings provided by these articles.

The judgments of the trial court granting the mandatory injunctions above referred to are reversed and set aside and the said injunctions are ordered dissolved.


Summaries of

Fryar v. Westside Habilitation Center

Court of Appeal of Louisiana, Third Circuit
Oct 11, 1982
425 So. 2d 804 (La. Ct. App. 1982)
Case details for

Fryar v. Westside Habilitation Center

Case Details

Full title:JOE E. FRYAR v. WESTSIDE HABILITATION CENTER, INC

Court:Court of Appeal of Louisiana, Third Circuit

Date published: Oct 11, 1982

Citations

425 So. 2d 804 (La. Ct. App. 1982)