BANK OF WEST BATON ROUGE v. STEWART

No. 2000 CA 0114.

808 So.2d 464 (2001)

BANK OF WEST BATON ROUGE v. Charles E. STEWART, et al.

Court of Appeal of Louisiana, First Circuit.

February 16, 2001.


Attorney(s) appearing for the Case

John D. Brady, Baton Rouge, Counsel for Plaintiff—Appellant—Bank of West Baton Rouge.

Carol E. Stracener, Baton Rouge, Counsel for Defendant—Eugene Collins.

John F. Weeks, Metairie, Counsel for Defendant—Appellee—The Honorable Randall Andre', Sheriff and Ex-Officio Tax Collector.

Charles H. Braud, Assistant Attorney General, Baton Rouge, Counsel for Defendant—State of Louisiana.

Before: PARRO, FITZSIMMONS, and GUIDRY, JJ.


FITZSIMMONS, J.

Bank of West Baton Rouge (the Bank) appeals a trial court judgment that found a tax sale of property by the Sheriff and ex-officio tax collector for the Parish of West Baton Rouge (Sheriff) to be validly executed. On appeal, we reverse the judgment, finding the tax sale violated constitutional due process requirements.

The Bank was the holder of a mortgage given by Charles and Yvonne Stewart on the...

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