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Cloud v. Bushnell

Robert CLOUD, Plaintiff-Respondent v. C. L. BUSHNELL, Registrar, etc., Defendant-Respondent

Cloud v. Bushnell, 168 So. 2d 274 (La. Ct. App. 1964)
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Court
Louisiana Court of Appeal · State Appellate Courts
Decided
October 21, 1964
Docket
No. 1313
Citations
168 So. 2d 2741964 La. App. LEXIS 1960
Cited by 5

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

This is an application to our supervisory jurisdiction praying for rescission and annulment of an interlocutory preliminary injunction granted by the trial court.

The relator had unsuccessfully attempted to intervene in the injunction suit. Following the granting of the preliminary injunction, the relator had intervened in the suit as an interested party, and had then unsuccessfully moved to dissolve the injunction.

Relator or no other party sought, to appeal within the fifteen-day delay applicable to orders or judgments relating to-interlocutory preliminary injunctions, LSA-C.C.P. Art. 3612. Neither the granting of the preliminary injunction, nor the refusal to dissolve it, are now reviewable by appellate process.

An application for supervisory-relief will be denied when the relator has; failed to seek appropriate relief by available appellate procedures within the time allowed by law, but thereafter attempts to secure such relief via the supervisory jurisdiction. Borah v. Dussel, 153 La. 54 , 95 So. 399 . Cf. also: Warren v. Malvina Realty Co., 178 La. 495 , 151 So. 906 ; State ex rel. Duhe v. Judge, 41 La.Ann. 1140 , 6 So. 797 .

The application for supervisory writs is therefore denied.

Application for supervisory writs denied..

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →
1964: 11965: 11971: 11974: 11977: 119642026peak 1964 · 1

Relies on it most ⓘ

  1. Zbozen v. Department of Highways293 So. 2d 901 (La. Ct. App. 1974)
  2. Cloud v. Dyess172 So. 2d 528 (La. Ct. App. 1965)
  3. Triche v. City of Houma342 So. 2d 1155 (La. Ct. App. 1977)
  4. Cloud v. Bushnell168 So. 2d 275 (La. Ct. App. 1964)
  5. State v. Signal242 So. 2d 889 (La. 1971)

Most recent

  1. Triche v. City of Houma342 So. 2d 1155 (La. Ct. App. 1977)
  2. Zbozen v. Department of Highways293 So. 2d 901 (La. Ct. App. 1974)
  3. State v. Signal242 So. 2d 889 (La. 1971)
  4. Cloud v. Dyess172 So. 2d 528 (La. Ct. App. 1965)
  5. Cloud v. Bushnell168 So. 2d 275 (La. Ct. App. 1964)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Warren v. Malvina Realty Co., 151 So. 906 (La. 1933) 5
Borah v. Dussel, 95 So. 399 (La. 1922) 5
State ex rel. Duhé v. Rost, 41 La. Ann. 1140 (1889) 3

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