Narrative Opinion Summary
In this case, the plaintiff appeals the dismissal of a rule to compel the Recorder of Mortgages to reinstate a judgment inscription that had been canceled following the defendant's suspensive appeal. Initially, a money judgment was rendered in favor of the plaintiff and recorded. Subsequently, the defendant secured a suspensive appeal and canceled the judgment's inscription, but the appeal was later dismissed due to non-payment of additional costs. The plaintiff sought to reinstate the judgment to its original inscription date, arguing that the cancellation lacked the necessary consent or judicial endorsement. The trial court's refusal to reinstate prompted the appeal. The appellate court, referencing Louisiana Civil Code Articles 3371 and 3372, found that the cancellation was improperly executed as it did not involve mutual consent or a court judgment. Consequently, the appellate court annulled the trial court's decision and ordered the reinstatement of the judgment as of the original date. The case was remanded for further proceedings, and costs of the appeal were assigned to the Recorder of Mortgages. Judge Lobrano concurred with the decision.
Legal Issues Addressed
Cancellation of Mortgage Inscriptionsubscribe to see similar legal issues
Application: The court found that the original erasure of the mortgage was improperly conducted, thereby invalidating the cancellation and entitling the plaintiff to reinstatement of the judgment.
Reasoning: The court found that the method used to erase the mortgage was fundamentally flawed and thus ruled in favor of the plaintiff, stating he is entitled to have the judgment reinstated as of May 14, 1986.
Reinstatement of Judgment Inscriptionsubscribe to see similar legal issues
Application: The court ruled that the judgment inscription should be reinstated because the cancellation was not executed with the necessary consent or court judgment.
Reasoning: The plaintiff argues that the judgment should be reinstated because the erasure of the original inscription was not conducted with the necessary consent or judgment, rendering the cancellation invalid.
Requirements for Erasure of Mortgagessubscribe to see similar legal issues
Application: According to Louisiana Civil Code, a mortgage can only be erased by mutual consent or a court judgment, which was not adhered to in this case.
Reasoning: The court referenced Louisiana Civil Code Articles 3371 and 3372, which stipulate that a mortgage can only be erased by mutual consent or a court judgment.