HENDEE HOMES, INC. v. LEE

No. 92-CA-869.

614 So.2d 733 (1993)

HENDEE HOMES, INC. v. Sheriff of Jefferson Parish, Harry LEE.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied April 23, 1993.


Attorney(s) appearing for the Case

Anatole J. Plaisance, Baton Rouge, for appellant/plaintiff Hendee Homes, Inc.

Gerald J. Arceneaux, Westwego, for appellee/defendant Sheriff of Jefferson Parish, Harry Lee.

Before KLIEBERT, WICKER and CANNELLA, JJ.


CANNELLA, Judge.

Plaintiff, Hendee Homes, Inc. (Hendee), appeals from a judgment dismissing its suit for a Writ of Mandamus against the Sheriff of Jefferson Parish, Harry Lee, to force the Sheriff to pay surplus funds remaining after the sale of its property through executory process. We affirm since the trial court did not commit error in finding that the plaintiff failed to prove a surplus remained to disburse to Hendee after the secured creditors were paid.

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