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MATHERNE v. GUILLIOT

No. 88-149.

544 So.2d 723 (1989)

Lee MATHERNE, Jr., Plaintiff-Appellee, v. O.C. "Dan" GUILLIOT, Defendant, Bank of Iberia, Interested Party-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 29, 1989.

Attorney(s) appearing for the Case

Diane Sorola, Lafayette, Cline, Miller & Richard, Andre Douguet, Rayne, for plaintiff-appellee.

Armentor & Wattigny, Gerard B. Wattigny, New Iberia, for defendant-appellant.

C. Randy Keller, Lafayette, for defendant-appellee.

Before DOMENGEAUX, STOKER and KNOLL, JJ.

DOMENGEAUX, Judge.

This suit No. 88-149 is an appeal from the denial of a motion for new trial in a summary proceeding whereby a writ of mandamus was issued to the Clerk of Court of Lafayette Parish, Louisiana ordering him to cancel a judicial mortgage. Parties to the mandamus action were Lee Matherne, Jr., owner of the mortgaged property, and O.C. "Dan" Guilliot, Clerk of Court. The mortgagee, Bank of Iberia, was neither named as a defendant nor notified of the proceedings...

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