No. 10632 Precedential Reversed and remanded. Processed

Bank of New Orleans & Trust Co. v. Seavey

Louisiana Court of Appeal, First Circuit · Filed May 22, 1981 · 399 So. 2d 642

Also decided on this docket: La. Ct. App. 1st Cir., October 31, 1966 191 So. 2d 684; La. Ct. App. 4th Cir., November 1, 1979 374 So. 2d 696

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Opinion text

SAMUEL, Judge. This matter previously was heard, decided and handed down by a three judge panel of this court. 1 Subsequently, the Supreme Court of Louisiana granted certiorari, reversed and remanded to us for reargument before a panel of at least five judges under La. Const. Art. 5, § 8(B). 2 The matter now having been heard by a five judge panel, we adhere to the views and conclusion expressed in our prior opinion and decree. 3 Accordingly, the judgment of the trial court is reversed, the exception of lis pen-dens is overruled, and the matter is remanded to the trial court for further proceedings in accordance with law. Costs in this court are to be paid by the defendant-respondent; all other costs are to await a final determination. REVERSED AND REMANDED. REDMANN, J., dissents with written reasons. . Bank of New Orleans & Trust Co. v. Seavey, La.App., 374 So.2d 696 . . Bank of New Orleans & Trust Co. v. Seavey, La., 383 So.2d 354 . .Supra, note 1.