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Boucher & Slack Contractors, Inc. v. McLean
Citations: 391 So. 2d 840; 1980 La. LEXIS 9511Docket: No. 67806
Court: Supreme Court of Louisiana; December 14, 1980; Louisiana; State Supreme Court
Relators, Boucher, along with Slack Contractors, Inc. and Bronner Investment Company, sought to prevent Commercial National Bank of Shreveport from honoring a draft tied to a letter of credit issued to Harvey McLean, Jr., the liquidator of Woodlands of Huntington, Inc. The trial court denied their request for an injunction but required the bank to deposit the funds into the court's registry pending a determination of whether the contractors were in default regarding their obligation to construct an apartment project for the owner. The owner claimed entitlement to the funds based on the letter of credit, and on appeal, the Second Circuit Court of Appeal sided with the owner, ordering the funds be released from the court’s registry to him. The contractors then sought a writ from the Louisiana Supreme Court to challenge this decision. During proceedings on November 10, 1980, the contractors filed a plea of mootness based on a stipulation made during a prior hearing on October 14, 1980. The stipulation confirmed that the funds would remain in the court’s registry pending the case's resolution. Both parties agreed that the funds would stay in the registry regardless of the Supreme Court's ruling. Consequently, since the funds would remain in the registry, the Supreme Court deemed the appeal moot and recalled the writ.