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ABERTA, INC. v. ATKINS

No. 2010-CA-1523.

80 So.3d 609 (2011)

ABERTA, INC. v. Honorable Dale N. ATKINS, Ex-Officio Recorder of Mortgages and Registrar of Conveyances, Business Loan Center, LLC and BLX Capital, LLC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 7, 2011.

Attorney(s) appearing for the Case

Robert G. Harvey, Sr. , Law Office of Robert G. Harvey, Sr., APLC, Justin A. Zitler , New Orleans, LA, for Plaintiff/Appellee.

F. Sherman Boughton , McGlinchey Stafford, PLLC, New Orleans, LA, for Defendants/Appellants, Business Loan Center, LLC, BLX Capital, LLC, and Ciena Capital.

James M. Garner , Elwood F. Cahill, Jr. , John T. Balhoff II , Ryan O. Luminais , Sher Garner Cahill Richter Klein & Hilbert, L.L.C., Stephen P. Schott , Baldwin Haspel Burke & Mayer, LLC, New Orleans, LA, for Intervenor/Appellant, Wagner World LLC.

(Court composed of Judge JAMES F. McKAY III, Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE).

JAMES F. McKAY III, Judge.

In this case, the defendants, Ciena Capital LLC, Business Loan Center, LLC and BLX Capital, and the intervener, Wagner World, Inc., appeal the trial court's granting of the plaintiff's, Aberta, Inc., writ of mandamus directing the Clerk of Court, the Honorable Dale N. Atkins, as the ex officio Recorder of Mortgages and Registrar of Conveyances for Orleans Parish, to cancel certain inscriptions on the plaintiffs property. For the following...

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