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HOLLY & SMITH v. ST. HELENA CONG. FACILITY

No. 2006-C-0582.

943 So.2d 1037 (2006)

HOLLY & SMITH ARCHITECTS, INC. v. ST. HELENA CONGREGATE FACILITY, INC. and St. Helena Parish Hospital.

Supreme Court of Louisiana.

November 29, 2006.

Attorney(s) appearing for the Case

Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Maxwell G. Kees, Sr., Charles L. Patin, Jr., Baton Rouge, Scott M. Perrilloux, District Attorney, Clifton Thomas Speed, Assistant District Attorney, Sullivan, Stolier & Resor, Jack M. Stolier, New Orleans, Matthew K. Brown, for Applicant.

Macaluso & Jordan, Ronald S. Macaluso, for Respondent.

Paul A. Holmes, John A. Gallaher, Baton Rouge, for Amicus Curiae, Louisiana Municipal Association.

Patrick S. Ottinger, Lafayette, for Amicus Curiae, Lafayette City-Parish Police Jury.

John F. Weeks, New Orleans, for Amicus Curiae, Louisiana Sheriff's Association.

Roland J. Dartez, Dannie P. Garrett, III, Baton Rouge, for Amicus Curiae, Louisiana Police Jury Association.

Allen L. Smith, Jr., Lake Charles, for Amicus Curiae, Calcasieu Parish Police Jury.

Gwendolyn K. Brown, Larry D. Book, Baton Rouge, for Amicus Curiae, City of Baton Rouge and the Parish of Baton Rouge.

Tina V. Grant, for Amicus Curiae, State of Louisiana.

TRAYLOR, Justice.

We granted certiorari in this case in order to determine whether a judicial mortgage is effective as to third parties when that judicial mortgage purportedly encumbers the property of a political subdivision of the State. Plaintiff secured three separate judgments against Defendant, and further, Plaintiff filed these judgments in the mortgage records for the applicable parish. Defendant is a political subdivision of the State of Louisiana, and as...

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