Supreme Court of Louisiana, 1993

Dawsey v. Nebel

Dawsey v. Nebel
Supreme Court of Louisiana · Decided November 22, 1993 · Ortique
629 So. 2d 402; 1993 La. LEXIS 3426; 1993 WL 491003 (Southern Reporter, Second Series)

Dawsey v. Nebel

Opinion of the Court

In re Dawsey, Pamela M.; Martindale, Nathan Andrew; Martindale, Heide Beloved; — Plaintiff(s); applying for writ of cer-tiorari and/or review; to the Court of Appeal, First Circuit, No. CA93 0395; Parish of St. Tammany, 22nd Judicial District Court, Div. “E”, No. 91-14099.

Granted. Although cancellation of a notice of lis pendens is an interlocutory judgment, relator has made a sufficient showing under the facts of this case that the sale of the immovable property would cause her irreparable harm. La.Code Civ.P. art. 2083. Accordingly, the judgment of the court of appeal dismissing relator’s appeal is vacated and set aside. Relator’s suspensive appeal is reinstated. Case remanded to the court of appeal for further proceedings.

ORTIQUE, J., not on panel.

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