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BANKERS TRUST OF CALIFORNIA, N.A. v. COOLEY

No. 2003 CA 1942.

884 So.2d 594 (2004)

BANKERS TRUST COMPANY OF CALIFORNIA N.A. as Trustees for Manufactured Housing Series 97-2 v. Darlene Wheeler COOLEY (Darlene Wheeler) Divorced Wife by First Marriage of Archy Wilson, Now Wife of/and John H. Cooley

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 9, 2004.

Attorney(s) appearing for the Case

Adriel G. Arceneaux, New Orleans, Counsel for Plaintiff/Appellant Bankers Trust Co. of California.

Alan J. Levith, Hammond, Counsel for Defendant/Appellee Darlene and John Cooley.

Before: PETTIGREW, DOWNING and McCLENDON, JJ.

DOWNING, J.

Bankers Trust Company of California, N.A., as Trustee for Manufactured Housing Series 97-2 (Bankers Trust), plaintiff/appellant, appeals a judgment in favor of Darlene Wheeler Cooley permanently enjoining Bankers Trust from proceeding by executory process to enforce a mortgage against her. The judgment reserved Bankers Trust's right to proceed via ordinaria. For the following reasons, we affirm the judgment of the trial court.

The sole issue in...

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