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MORTGAGE ELEC. REGISTRATION v. WELLS

No. 2005-CA-0795.

930 So.2d 117 (2006)

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for GMAC Mortgage Corporation v. Kevin WELLS, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

April 5, 2006.

Attorney(s) appearing for the Case

Corinne G. Hufft, Nan Roberts Eitel, Don A. Rouzan, Jones Walker Waechter Poitevent Carrere & Denegre, New Orleans, Counsel for Plaintiff/Appellee.

Patrick D. Breeden, New Orleans, Counsel for Defendant/Appellant.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge DENNIS R. BAGNERIS Sr., Judge MICHAEL E. KIRBY).

MICHAEL E. KIRBY, Judge.

In this case defendant/appellant, Kevin Wells, Jr., (Mr. Wells) appeals a Judgment out of the Orleans Parish Civil District Court that dismissed without prejudice Mr. Wells' petition for damages and injunction in favor of plaintiff/appellee, Mortgage Electronic Registration Systems, Inc. (MERS). We find that the trial court legally erred in dismissing Mr. Well's entire action and that the proper remedy was to sever Mr. Well's claims for damages...

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