No. 88-CA-2390 Precedential Processed

Academy Mortgage Co. v. Fireman's Fund Insurance Co.

Louisiana Court of Appeal, First Circuit · Filed April 13, 1989 · 542 So. 2d 729

Cited by

First Acadiana Bank v. Bieber 562 So. 2d 1025 La. Ct. App. 1st Cir. 1990

Opinion text

WILLIAMS, Judge, concurring. I concur with the majority’s holding in that I believe the plaintiff is entitled to proceed with executory process. Because the ordinary proceedings were dismissed without prejudice prior to any appearance by defendant and plaintiff subsequently instituted a separate action for executory process, I do not believe that plaintiff’s action was converted from an ordinary to an executory proceeding in contravention of LSA-C.Cr.P. art. 2644.