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MARSHALL INVESTMENTS CORP. v. CPOA

No. 2007-CA-1505.

973 So.2d 816 (2007)

MARSHALL INVESTMENTS CORPORATION v. CARBONE PROPERTIES OF AUDUBON, LLC.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied December 12, 2007.

Attorney(s) appearing for the Case

M. David Kurtz, Brian M. Ballay, Edward H. Arnold III, Baker Donelson Bearman Caldwell & Berkowitz, PC, New Orleans, LA, for Plaintiff/Appellee.

Stephen I. Dwyer, Mark G. Duncan, Michelle Mayne Davis, Dwyer & Cambre, Metairie, LA, for Defendant/Appellant.

(Court composed of Judge MAX N. TOBIAS JR., Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD).

MAX N. TOBIAS, JR., Judge.

On the motion of the defendant/appellant, Carbone Properties of Audubon, L.L.C. ("CPOA"), we granted within our discretion an expedited appeal of the trial court's denial of CPOA's motion for a writ of preliminary injunction seeking to arrest the seizure and sale of CPOA's property at 929-31 Canal Street, New Orleans, Louisiana, commonly known as the Audubon Building ("the mortgaged property"), pursuant to executory proceedings (Louisiana...

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