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Brooks Well Servicing8/22/2001
een recognized where facts subsequent to the trial are not disputed and admitted. Stonecipher v. Mitchell, 26, 575 (La. App. 2nd Cir. 5/10/95), 655 So.2d 1381. In fact, Stonecipher suggests that a joint stipulation is demonstrative of when a fact is not in dispute or admitted. Sonat argues that because they have not joined in this stipulation, it does not include all parties and cannot be accepted as true. However, Sonat was not a party to the Orleans Parish suit; therefore, its support of a settlement and dismissal of that suit was not necessary. Consequently, this argument is without merit.
CONCLUSION
An appellate court review of a grant of lis pendens requires the court to view the procedural status of case at the time of the appeal. It is thus axiomatic that post-trial occurrences that have altered the procedural status of the case must be taken into consideration, particularly when the parties to the action in question enter a joint stipulation concerning a change in the status of the case. Thus, Sonat's arguments that this court may not review evidence of a dismissal of the case that gave rise to lis pendens exception is without merit. Further, Sonat was a non-party to the action that gave rise to the lis pendens exception, nor was it the party who brought the exception of lis pendens in the Bienville court; thus its consent was not necessary to dismiss the case. Without a suit in Orleans Parish there is no longer any matter upon which to sustain a lis pendens exception. Therefore, we reverse the decision of the trial court granting an exception of lis pendens, and remand the case to the trial court for proceedings consistent with this opinion.
REVERSED AND REMANDED.
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