SCHWEGMANN BANK AND TRUST CO. v. DUNNE

No. 96-CA-2410.

693 So.2d 349 (1997)

SCHWEGMANN BANK AND TRUST COMPANY v. Stephen Lewis DUNNE, Charlotte Gwendolyn Robinson Dunne, and Hackett & Dunne, a partnership.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 15, 1997.


Attorney(s) appearing for the Case

James E. Uschold, New Orleans, for Appellants.

Robert A. Mathis, Newman, Mathis, Brady, Wakefield & Spedale, Metairie, for Appellee.

Before LOBRANO, PLOTKIN and WALTZER, JJ.


LOBRANO, Judge.

Schwegmann Bank and Trust Company (Schwegmann) obtained summary judgment on its claim for a deficiency judgment against Mr. and Mrs. Dunne, appellants herein. The Dunnes appeal asserting that there are genuine issues of material fact with respect to the application of the various affirmative defenses they have asserted, any one of which they claim should defeat summary judgment. For the following reasons, we affirm in part and reverse in part.

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