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JAEGER v. ST. MARGARET'S DAUGHTERS

No. 2015-CC-1811.

180 So.3d 1284 (2015)

Joseph A. JAEGER, Jr., et al. v. The ST. MARGARET'S DAUGHTERS, et al.

Supreme Court of Louisiana.

December 7, 2015.

Writ denied.

GUIDRY, J., would grant the writ application and assigns reasons.

The district court erred in not maintaining the applicants' exception of lis pendens, as the dissent in the court of appeal aptly explains. The court of appeal majority erroneously focuses on the claims that could have been raised, rather than on the elements of La.Code Civ. Proc. art. 531. Here, there is no dispute both suits arise out...

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