Supreme Court of Louisiana, 1974

Merco Lands, Inc. v. Hutchison

Merco Lands, Inc. v. Hutchison
Supreme Court of Louisiana · Decided September 18, 1974 · Barham
299 So. 2d 803; 1974 La. LEXIS 4656 (Southern Reporter, Second Series)

Merco Lands, Inc. v. Hutchison

Opinion of the Court

In re: Merco Lands, Inc. applying for writs of review, certiorari, mandamus and/or prohibition.

Writ denied. We are unable to find that the trial court abused its discretion in granting a suspensive appeal.

BARHAM, J.,

is of the opinion the order permitting a suspensive appeal from this permanent injunction is an abuse of discretion. Defendant-appellant has been found to have transcended property rights under C.C. Art. 667. Moreover, this abuse of property right is in violation of positive statutory restrictions.

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