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EICHHORN v. SCHNEIDER

Nos. 85-CA-291, 85-CA-292.

479 So.2d 17 (1985)

Christian H. EICHHORN v. Glenda J. SCHNEIDER and Commercial Bank and Trust Company. COMMERCIAL BANK AND TRUST COMPANY v. PONTCHARTRAIN BROKERAGE, INC., Christian H. Eichhorn, and Glenda J. Schneider.

Court of Appeal of Louisiana, Fifth Circuit.

November 12, 1985.

Attorney(s) appearing for the Case

Michael J. Moran, Metairie, for plaintiff-appellee.

Barry H. Grodsky, Metairie, for defendant-appellant.

Mark McTernan, New Orleans, for defendant-appellant.

Before BOUTALL, CURRAULT, and DUFRESNE, JJ.

DUFRESNE, Judge.

This is an appeal by Commercial Bank and Trust Company (CBT) contesting the issuance by the trial court of a permanent injunction prohibiting CBT from proceeding by executory process against a house mortgaged to them by Christian Eichhorn.

Because we find that CBT waived its right to proceed by executory process when it moved to consolidate its petition for executory process with an ordinary proceeding then pending between the same parties...

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