BRUNET v. JUSTICE

No. 5038.

264 So.2d 743 (1972)

Rene J. BRUNET v. William M. JUSTICE, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 27, 1972.

Writ Refused September 28, 1972.


Attorney(s) appearing for the Case

A. M. Wambsgans, Metairie, for defendant-appellant.

David M. Cambre, Reuter, Reuter & Schott, New Orleans, for plaintiff-appellee.

Before REDMANN, STOULIG and BAILES, JJ.


REDMANN, Judge.

Defendant Clerk of Court appeals from a judgment in this mandamus proceeding which ordered him to return to plaintiff general contractor a bond plaintiff furnished in compliance with R.S. 9:4841, to release a subcontractor's timely recorded building contract lien claim. At the time of filing the mandamus, over a year had passed since the recording of the lien, and no lis pendens notice had been recorded by the claimant nor had any suit on the claim...

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