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JIMMY DAVIS, INC. v. DOWNEY

No. 15718-CA.

440 So.2d 916 (1983)

JIMMY DAVIS, INC., Plaintiff-Appellant, v. Bill C. DOWNEY, Clerk of Court of Ouachita Parish and Recorder of Mortgages, and Billy Joe Blanchard, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

October 24, 1983.

Attorney(s) appearing for the Case

Blackwell, Chambliss, Hobbs & Henry by James A. Hobbs, West Monroe, for plaintiff-appellant.

Bill C. Downey, in pro. per.

Bruscato, Loomis, Deal & Street by C. Daniel Street, Monroe, for defendant-appellee, Billy Joe Jordan.

Before PRICE, HALL and NORRIS, JJ.

HALL, Judge.

The plaintiff in this mandamus action appeals from a trial court judgment which sustained a dilatory exception to the unauthorized use of summary proceedings and a peremptory exception of no cause of action, and dismissed plaintiff's suit. We reverse the judgment appealed and remand the action to the district court for further proceedings.

The plaintiff, Jimmy Davis, Inc., filed this summary proceeding against the Clerk of Court and Recorder of...

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