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ABADIE v. OUBRE

No. 84-CA-601.

467 So.2d 1384 (1985)

Peter J. ABADIE, Jr. v. Charles J. OUBRE, Jr., Clerk of Court and Ex-Officio Recorder of Mortgages and Conveyances, Parish of St. Charles, State of Louisiana; Michael M. Timmerman; and AMA Heights Investments.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied June 17, 1985.

Attorney(s) appearing for the Case

Robert E. Arceneaux, New Orleans, for plaintiff-appellant.

William W. Miles, Lemann, O'Hara & Miles, New Orleans, for defendant-appellee.

Before KLIEBERT, CURRAULT and GRISBAUM, JJ.

CURRAULT, Judge.

This appeal arises from a judgment recalling a writ of mandamus filed by plaintiff, Peter J. Abadie, for the purpose of cancelling a notice of lis pendens filed in the mortgage and conveyance records of St. Charles Parish by defendant, Michael M. Timmerman.

The trial judge succinctly stated the facts as follows:

"This controversy began when Peter J. Abadie, Jr., the plaintiff in the mandamus action before this court, filed suit in...

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