PACIERA v. AUGUSTINE

No. 87-CA-444.

518 So.2d 1164 (1988)

Rose Bertucci, Wife of/and Paul A. PACIERA, Sr. v. Charles L. AUGUSTINE.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied February 17, 1988.

Writ Denied April 7, 1988.


Attorney(s) appearing for the Case

Lawrence J. Genin, Gretna, for plaintiffs-appellees.

Lemann, O'Hara & Miles, Paul D. White, Jr., David L. Neeb, New Orleans, for defendant-appellant.

Before CHEHARDY, KLIEBERT and DUFRESNE, JJ.


KLIEBERT, Judge.

Charles L. Augustine appeals a judgment which dismissed on the merits his suit to annul a sheriff's sale by executory process and ordered the cancellation of a Notice of Lis Pendens filed against the subject property. Augustine contends fundamental defects in the executory proceeding renders it null; hence, the sale should be rescinded. For the reasons which follow we affirm the judgment of the trial court.

FACTS

On October 14, 1982...

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