ESTEVE v. LONGO

Nos. 89-CA-38, 89-CA-111.

549 So.2d 316 (1989)

Nelda Toups Schieffler ESTEVE v. Marie Suarez Huntsinger, Divorced Wife of/and Emanuel LONGO. Consolidated with MASTER AUTOMOTIVE WAREHOUSE, INC. v. Jacob J. AMATO, Jr., Robert G. Creely, Michael Somoza and Amato & Creely.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied October 17, 1989.

Writ Granted with Order December 8, 1989.


Attorney(s) appearing for the Case

Sessions, Fishman, Boisfontaine, Nathan, Winn, Butler & Barkley, Jack M. Alltmont, New Orleans, La., for Master Automotive Warehouse, Inc., intervenor-appellant.

Amato & Creely, Jacob J. Amato, Jr., Michael F. Somoza, David W. Birdsong, Gretna, La., for Nelda Toups Schieffler Esteve, plaintiff-appellee.

Before CHEHARDY, C.J., and GAUDIN and GRISBAUM, JJ.


CHEHARDY, Chief Judge.

This appeal emanates from a suit for executory process and the resulting judicial sale of the mortgaged property, in which a dispute arose between the holder of the second-ranked mortgage and the attorneys for the holder of first-ranked mortgage over the amount of the attorney's fees due under the first mortgage. The second mortgage holder has appealed dismissal of its claim that the first mortgage holder's attorneys are entitled to be paid...

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