IBERIABANK v. LIVE OAK CIRCLE DEVELOPMENT

No. 2012 CA 1636.

118 So.3d 27 (2013)

IBERIABANK v. LIVE OAK CIRCLE DEVELOPMENT, L.L.C.

Court of Appeal of Louisiana, First Circuit.

May 13, 2013.


Attorney(s) appearing for the Case

Stephen P. Strohschein , E. Stewart Spielman , Baton Rouge, LA, for Plaintiff/Appellee, Iberia Bank.

Phillip W. Preis , Michael T. Bell , Baton Rouge, LA, for Intervenors/Appellants, Ruby Ann Harrell Walsh and RW Real Estate — Star Road Development, LLC.

Janet S. Boles , Baton Rouge, LA, for Defendant/Appellee Edley H. Jones, III.

Before WHIPPLE, C.J., McCLENDON, and HIGGINBOTHAM, JJ.


McCLENDON, J.

Intervenors appeal a judgment of the district court granting an exception raising the objection of no cause of action and dismissing their intervention with prejudice. For the following reasons, we recognize that the intervenors have no right of action to intervene in the underlying executory process proceedings, grant the exception raising the objection of no right of action, and dismiss intervenors' action without prejudice.

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