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LAFAYETTE BLDG. ASS'N v. FORUM INS. CO.

No. 87-366.

525 So.2d 1154 (1988)

LAFAYETTE BUILDING ASSOCIATION, Plaintiff-Appellant, v. FORUM INSURANCE COMPANY, Great Plains Insurance Company, Inc. and Ogdan C. Guilliot (O.C. Dan Guilliot), Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion May 24, 1988.

Rehearing Denied June 21, 1988.

Attorney(s) appearing for the Case

William H. Mouton, Lafayette, for plaintiff-appellant.

Franklin, Moore & Walsh, William L. Schuette, Jr., Ray C. Dawson, Baton Rouge, Charles T. Keller, Preis, Kraft, Laborde & Daigle, P.L.C., Gregory J. Laborde, Lafayette, for defendants-appellees.

Before FORET, STOKER and DOUCET, JJ.

STOKER, Judge.

This is a suit by a mortgagee against a clerk of court for damages for failure of the clerk to note in a mortgage certificate three judgments bearing on certain mortgaged property. The certificate was requested after the mortgagee, Lafayette Building Association (LBA), had disbursed its loan funds on behalf of the buyer. One of the disbursements was in the form of a check sent by LBA to pay off an existing mortgage on the property granted by the seller...

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