B.H. Walker v. Florida Moon, LLC, Steven Jay Irwin, Law Office of Steven Jay Irwin, LLC, and Melissa R. Henry, in her capacity as Clerk of Court and Ex-Officio Register of Conveyances and Recorder of Mortgages for the Parish of St. Tammany
B.H. Walker v. Florida Moon, LLC, Steven Jay Irwin, Law Office of Steven Jay Irwin, LLC, and Melissa R. Henry, in her capacity as Clerk of Court and Ex-Officio Register of Conveyances and Recorder of Mortgages for the Parish of St. Tammany, No. 2020CW0422 (La. Ct. App. 1st Cir. July 6, 2020).
Authorities cited
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- L & A Contracting Co. v. Mabry 666 So. 2d 1295
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
B. H. WALKER NO. 2020 CW 0422
VERSUS
FLORIDA MOON, LLC, STEVEN
JAY IRWIN, LAW OFFICE OF
STEVEN JAY IRWIN, LLC, AND
MELISSA R. HENRY, IN HER
CAPACITY AS CLERK OF COURT
AN EX - OFFICIO REGISTER OF
CONVEYANCES AND RECORDER OF
MORTGAGES FOR THE PARISH OF JULY 06, 2020
ST. TAMMANY
In Re: Florida Moon, LLC, applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 2020- 10267.
BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The portion of the trial court' s April 7,
2020 judgment which denied the exception of lis pendens filed by
defendant, Florida Moon, LLC, is reversed. When two or more
suits are pending in a Louisiana court or courts on the same
transaction or occurrence, between the same parties in the same
capacities, the defendant may have all but the first suit
dismissed by excepting thereto. La. Code Civ. P. art. 531. The
action entitled " Florida Moon, LLC v. Steven Jay Irwin, et al",
docket no. 2019- 16527, 22nd Judicial District Court, Parish of
St. Tammany, was pending between the same parties, in the same
capacities and arising from the same transaction or occurrence
when this action was filed. Although the Clerk of Court is also
named as a defendant herein, she has no real interest in the
proceedings other than the lawful discharge of her ministerial
duties, and such duty does not arise until the validity of the
mortgage in favor of Florida Moon, LLC is determined. , See L & A
Contracting Co., Inc. v. Mabry, 27, 791 ( La. App. 2d Cir.
1/ 24/ 96), 666 So. 2d 1295. The exception of lis pendens filed by
defendant, Florida Moon, LLC, is granted, and this action is
dismissed, without prejudice.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT