Supreme Court of Louisiana, 1979

Navratil v. Smart

Supreme Court of Louisiana · Decided July 2, 1979 · Dennis, Summers

373 So. 2d 544; 1979 La. LEXIS 6833 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Navratil v. Smart (La. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In re Boris F. Navratil applying for supervisory writs, and writs of certiorari, prohibition and mandamus. Parish of East Baton Rouge. No. 223,154.

Granted. The defendant has retained possession of the vehicle without any legal right to do so. The owner is entitled to an injunction to restore his possession of the vehicle pending trial on the merits of the defendant’s claim for towing charges and storage expenses. See Lusco v. McNeese, 86 So.2d 226 (La.App. 1st Cir. 1956) and cases therein cited. Furthermore, an injunction may lie against an illegal act.

SUMMERS, C. J., absent. DENNIS, J., concurs.

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