No. 12263 Precedential Processed

Juban Properties, Inc. v. Claitor

Louisiana Court of Appeal, First Circuit · Filed June 16, 1978 · 361 So. 2d 1254

Also decided on this docket: La. Ct. App. 1st Cir., January 12, 1982 409 So. 2d 400; La. Ct. App. 1st Cir., March 19, 1974 292 So. 2d 839

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

Defendant in a Petition for Writs of Cer-tiorari, Prohibition and Stay Order seeks “a rule or order directed to Juban Properties, Inc. and the Honorable Melvin A. Shortess, issuing a stay order pending application for certiorari by Robert G. Claitor to the United States Supreme Court; further in connection with this stay order, an order mandating Juban Properties, Inc. to remove the fence constructed on the easterly fifteen (15) feet of its property . . . ”. This court rendered judgment for plaintiff on December 28, 1977, 354 So.2d 672 . An application for rehearing was denied on February 13, 1978, La., 356 So.2d 440 . The Supreme Court of Louisiana on March 27, 1978 unanimously denied an application for writ of review. Applicant is asking this court to stay a final and executory judgment and in conjunction therewith to issue a mandatory injunction to a party who is acting under a final judgment. We find it inappropriate to do so. Application for stay order and mandatory injunction denied.