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University Properties Corp. v. Fidelity National Bank of Baton Rouge

UNIVERSITY PROPERTIES CORPORATION v. FIDELITY NATIONAL BANK OF BATON ROUGE

Univ. Props. Corp. v. Fid. Nat'l Bank of Baton Rouge, 501 So. 2d 762 (La. 1987)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
February 13, 1987
Docket
No. 87-C-0201
Judges
Calogero, Dixon, Grant, Writ
Citations
501 So. 2d 7621987 La. LEXIS 8524

Opinion of the Court

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IN RE: University Properties; Frey, Fred C. Jr.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, First Circuit, Number CA 85 0411; Parish of East Baton Rouge 19th Judicial District Court Div. “L” Number 275, 387.

Denied. The result is correct.

Dissent — Dixon

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DIXON, C.J.,

would grant. The result is contrary to the consistent interpretation of the Deficiency Judgment Act in Louisiana, and the interpretation of that act by the court of appeal should not be followed. However, this is a lame duck case, and probably will not recur. .

CALOGERO, J., would grant the writ.

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