LANDMARK SAV. BANK, S.S.B. v. BOTT

No. 90-154.

583 So.2d 586 (1991)

LANDMARK SAVINGS BANK, S.S.B., Plaintiff-Appellant, v. Robert BOTT and Sheila A. Boudreaux, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

June 26, 1991.


Attorney(s) appearing for the Case

Allen W. Winkler, Randall C. Roth, Marie-Louis Bahlinger, New Orleans, for plaintiff-appellant.

Edwards Stefanski, Barousse, Cunningham, Stefanski & Zaunbrecher, Christopher A. Edwards, Crowley, for defendants-appellees.

Before GUIDRY and YELVERTON, JJ., and WILLIAM A. CULPEPPER, J. Pro Tem.


WILLIAM A. CULPEPPER, Judge Pro Tem.

Plaintiff, as holder, sought judgment for the balance of $37,934.00 owed on a promissory note made by defendants for the purchase of a mobile home. Defendants filed a motion for summary judgment based on res judicata. The trial court held that even though plaintiff was not a party to the prior suit, it is, as assignee of the note, an ayant cause and is considered the same party. The trial judge granted summary judgment...

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