DE LA VERGNE v. DE LA VERGNE

No. 84 CA 0951.

479 So.2d 549 (1985)

Hughes de la VERGNE, II, et al. v. Louis V. de la VERGNE, et al.

Court of Appeal of Louisiana, First Circuit.

November 19, 1985.


Attorney(s) appearing for the Case

C. Ellis Henican, New Orleans, for plaintiff, appellant.

Marcel Garsaud, Jr., New Orleans, for defendant, appellee.

Before CARTER, SAVOIE and ALFORD, JJ.


SAVOIE, Judge.

Plaintiffs appeal the trial court's denial of their Writ of Mandamus, directing that the clerk of court erase a notice of lis pendens recorded against certain immovable property. We affirm.

Following the death of their mother, Mrs. Marcelle Menard, plaintiffs and defendant entered into protracted litigation in 1976 to partition her estate. A partition agreement was finally reached in February of 1979.

On January 31, 1983, defendant,...

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