Supreme Court of Louisiana, 1991

Robinson v. Abraham

Robinson v. Abraham
Supreme Court of Louisiana · Decided April 26, 1991 · Lemmon
577 So. 2d 1010; 1991 La. LEXIS 1178; 1991 WL 67635 (Southern Reporter, Second Series)

Robinson v. Abraham

Opinion of the Court

In re Clivins, Ruth; Robinson, James;— Plaintiff(s); Applying for Supervisory and/or Remedial Writs; to the Court of Appeal, Fourth Circuit, Number 90CA-0552; Parish of Orleans Civil District Court Div. “I” Number 83-5117.

Stay order denied. Writ denied.

Concurring Opinion

LEMMON, J.,

concurs in the denial, because the defendant is entitled to cancellation of the judicial mortgage. However, the district court was the proper forum to bring the motion to cancel the judicial mortgage. When the appeal was perfected, the district court lost jurisdiction only as to matters “reviewable under the appeal”. Cancellation of a judicial mortgage has nothing to do with the merits of the judgment that has been appealed.

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