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COOK v. HIBERNIA NAT. BANK

No. 2003-CA-0330.

869 So.2d 176 (2004)

Debra Dean COOK, Individually and in Derivative Capacity for St. Elizabeth's Caring, L.L.C., Plaquemine Manor Nursing Home, Inc., Maison Orleans II, Inc., Maison De'Ville Nursing Home, Inc., Raceland Manor Nursing Home, Inc., et al. v. HIBERNIA NATIONAL BANK, et al.

Court of Appeal of Louisiana, Fourth Circuit.

February 18, 2004.

Attorney(s) appearing for the Case

William D. Aaron, Jr., Brian E. Sevin, Sr., Goins Aaron, P.L.C., New Orleans, LA, for Plaintiff/Appellant Frank T. Stewart.

William D. Treeby, Samantha P. Griffin, Stone Pigman Walther Wittmann L.L.P., New Orleans, LA, for Appellee Bob G. Dean.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS JR.).

MICHAEL E. KIRBY, Judge.

Defendant/plaintiff-in-cross-claim, Mr. Frank Stewart, Jr., appeals the October 30, 2002 judgment in which the trial court maintained the exception of no right of action and, alternatively, the exception of lis pendens filed by defendant-in-cross-claim, Mr. Bob Dean, in response to Mr. Stewart's amended cross-claim filed on August 1, 2002.

An earlier decision of this Court, Cook v. Hibernia...

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