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BARNES v. BASS

No. 2006-80.

933 So.2d 241 (2006)

Benny Ray BARNES, et ux. v. John L. BASS, et al.

Court of Appeal of Louisiana, Third Circuit.

June 7, 2006.

Attorney(s) appearing for the Case

Whit M. Cook, II, Baton Rouge, LA, for Defendant/Appellant, Merit Mortgage, LLC.

Lloyd E. Hennigan, Jr., Hennigan and Walters, Jena, LA, for Defendant/Appellee, Bass Construction Company.

Donald Wilson, Gaharan & Wilson, Jena, LA, for Plaintiffs/Appellees, Benny Ray Barnes, Ora M. Barnes.

Michael H. Pinkerton, Frilot, Partridge, Kohnke & Clements, L.C., New Orleans, LA, for Third Party Appellees, New South Federal Savings Bank, Merit Mortgage, LLC.

John L. Bass, Newellton, LA, in Proper Person.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, MARC T. AMY, MICHAEL G. SULLIVAN, and GLENN B. GREMILLION, Judges.

AMY, Judge.

The defendant mortgage broker appeals a determination she negligently failed to inform the plaintiff borrowers of the merits of placing funds owed to their builder in an escrow fund. After the builder refused to return the funds paid directly to him and the prospective mortgage was denied, the plaintiffs filed the instant suit against the defendant builder and against the defendant mortgage broker. The mortgage broker appeals the trial court's award of...

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