APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 773-651, DIVISION
"C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, SEC RESOURCES, LLC Ryan M.
McCabe Charles L. Stern, Jr. Mark C. Landry
COUNSEL FOR INTERVENOR/APPELLEE, REBECCA ROURKE Harry A.
Rosenberg Christopher K. Ralston Arthur R. Kraatz Lillian M.
composed of Judges Susan M. Chehardy, Jude G. Gravois, and
Hans J. Liljeberg
M. CHEHARDY CHIEF JUDGE
SEC Resources, L.L.C., appeals the Twenty-Fourth Judicial
District Court's October 19, 2017 judgment granting a
preliminary injunction enjoining the judicial sale of
property. For the reasons that follow, we affirm this
AND PROCEDURAL HISTORY
November 6, 2014, Rebecca Rourke was placed into possession
and full ownership of her parents' immovable property,
the family home where she was residing, located at 3006
Roberta Street in Metairie, Louisiana ("the
property").Her parents had died testate in 2011.
days later, on November 11, 2014, Ms. Rourke executed an Act
of Cash Sale and sold the property to 3006 Roberta, L.L.C.
("3006 Roberta") for $117, 500.00. Debra Dretar, as
the manager of 3006 Roberta, executed the sale on the
L.L.C.'s behalf. On this same date, and in conjunction
with this act of sale, Ms. Dretar executed three other
instruments. She executed a Grant of Usufruct, wherein 3006
Roberta granted a usufruct over the property to Ms. Rourke
for her lifetime. Ms. Rourke signed this instrument. Ms.
Dretar executed a Certificate of Authority to Act for 3006
Roberta, which authorized Ms. Dretar to act on behalf of 3006
Roberta to purchase and mortgage the property. And Ms.
Dretar, on behalf of 3006 Roberta, granted a mortgage on the
property in favor of SEC Resources, L.L.C. ("SEC")
in the amount of $117, 500.00, at issue in the instant
Dretar passed away on January 18, 2016. Her brother, Kenneth
Dretar, is the administrator of her estate and the ...