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MADISONVILLE STATE BANK v. GLICK

No. 05-1372.

930 So.2d 263 (2006)

MADISONVILLE STATE BANK v. Marvin M. GLICK and James P. Conboy and/or the Estate of James P. Conboy.

Court of Appeal of Louisiana, Third Circuit.

May 3, 2006.

Attorney(s) appearing for the Case

Jeffrey Ackerman, Durio, McGoffin, Stagg and Ackermann, Lafayette, LA, for Plaintiff-Appellant, Madisonville State Bank.

Warren D. Rush, Charles M. Rush, Rush, Rush and Calogero, Lafayette, LA, for Defendant-Appellee, Marvin M. Glick.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and J. DAVID PAINTER, Judges.

PAINTER, Judge.

The Plaintiff, Madisonville State Bank ("MSB"), appeals the trial court's judgment dismissing its action to collect under a commercial guaranty agreement pursuant to Marvin Glick's exception of no right of action. Finding that it was error to use an exception of no right of action to raise affirmative defenses, we reverse and remand for further proceedings.

FACTS

On September 23, 1998, Lafayette...

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