PALMISANO v. LAKE FOREST BLVD. MEDICAL DEV.

No. CA 0087.

425 So.2d 905 (1983)

Donald J. PALMISANO, et al. v. LAKE FOREST BOULEVARD MEDICAL DEVELOPMENT, et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 10, 1983.


Attorney(s) appearing for the Case

Alvin A. LeBlanc, Jr., Jerome M. Volk, Jr., DeMartini, LeBlanc & D'Aquila, Kenner, for plaintiffs/appellants.

Russ M. Herman, Herman, Herman & Katz, Donald A. Meyer, Shushan, Meyer, Jackson, McPherson & Herzog, and Frank J. Rabito, New Orleans, for defendants/appellees.

Before REDMANN, C.J., and LOBRANO and WARD, JJ.


REDMANN, Chief Judge.

The question in this suspensive appeal, from mandamus ordering erasure from the mortgage records of a notice of lis pendens, is whether the pendency of an action by a minority of partners in commendam to terminate an ordinary partnership supports the recordation of such a notice. We conclude that it does not and we therefore affirm.

The basic facts are that defendant partnership has one general and several in commendam partners. The articles...

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