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BANK ONE, N.A. v. BOURGEOIS

No. 2005-CA-0744.

935 So.2d 710 (2006)

BANK ONE, N.A., f/k/a The First National Bank of Chicago, as Trustee v. Ora Lee Payne BOURGEOIS and Garfield Payton.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Granting Rehearing June 30, 2006.

Attorney(s) appearing for the Case

Charles H. Heck, Dean Morris, L.L.P., Monroe, LA, for Plaintiff/Appellee.

Patrick D. Breeden, P. Michael Breeden, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE, Judge MAX N. TOBIAS JR.).

TERRI F. LOVE, Judge.

This appeal arises from the trial court's grant of a petition for executory process. The defendant filed a petition seeking a preliminary or permanent injunction and/or damages. The plaintiff's motion for summary judgment followed and was granted. The defendant timely appealed. After lodging the appeal, both parties allegedly entered into a compromise to stop the seizure and sale of the mortgaged property. However, the plaintiff did not dismiss...

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