Supreme Court of Louisiana, 1989

In re Succession of Ortolano

In re Succession of Ortolano
Supreme Court of Louisiana · Decided August 30, 1989 · Lemmon
547 So. 2d 1305; 1989 La. LEXIS 1948; 1989 WL 100580 (Southern Reporter, Second Series)

In re Succession of Ortolano

Opinion of the Court

In re Sciortino, Ronald R.&wkey;Third Party(ies); Applying for Supervisory and/or Remedial Writs; Parish of Orleans Civil District Court Div. “H” Number 87-12880; to the Court of Appeal, Fourth Circuit, Number 89CW-0615.

Granted. Judgment of district court holding applicant Ronald Sciortino, in contempt of court is reversed.

Concurring Opinion

LEMMON, J.,

concurs, although relator may have breached a contract, he did not willfully disobey a court order in violation of La. C.C.P. art. 224(2) or deceive the court in violation of La.C.C.P. art. 224(4). Respondent’s recourse is a civil action for breach of contract or specific performance. If the court orders specific performance and relator refuses to comply, he may then be subject to the court’s contempt powers.

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