No. 64946 Precedential Processed

Navratil v. Smart

Louisiana Supreme Court · Filed July 2, 1979 · 373 So. 2d 544

Also decided on this docket: La., September 5, 1979 374 So. 2d 672

Authorities cited

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Opinion text

In re Boris F. Navratil applying for supervisory writs, and writs of certiorari, prohibition and mandamus. Parish of East Baton Rouge. No. 223,154. Granted. The defendant has retained possession of the vehicle without any legal right to do so. The owner is entitled to an injunction to restore his possession of the vehicle pending trial on the merits of the defendant’s claim for towing charges and storage expenses. See Lusco v. McNeese, 86 So.2d 226 (La.App. 1st Cir. 1956) and cases therein cited. Furthermore, an injunction may lie against an illegal act. SUMMERS, C. J., absent. DENNIS, J., concurs.