COLE MFG. CO. v. CUMBERLAND HOMES, INC.

No. 82-CA-109.

428 So.2d 1207 (1983)

COLE MANUFACTURING COMPANY v. CUMBERLAND HOMES, INC., et als.

Court of Appeal of Louisiana, Fifth Circuit.

March 8, 1983.


Attorney(s) appearing for the Case

A.W. Wambsgans, Metairie, for Cole Mfg. Co.

Francipane, Regan & St. Pee', Gary T. Breedlove, Metairie, for Cumberland Homes, Inc.

Before KLIEBERT, BOWES and DUFRESNE, JJ.


DUFRESNE, Judge.

William M. Justice, Clerk of Court of Jefferson Parish and defendant-appellant here, brings this appeal from a judgment rendered against him in the amount of $3,334.90 for negligent cancellation of a materialman's lien filed by Cole Manufacturing Company, plaintiff-appellee. Because we find that plaintiff failed to prove by a preponderance of the evidence that the lien affidavit was timely filed so as to perfect a valid privilege under the provisions...

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