PRIVATE CAPITAL v. J & K ENGINE & RIG REP.

No. 2007-1556.

984 So.2d 929 (2008)

PRIVATE CAPITAL, INC. v. J & K ENGINE & RIG REPAIR, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 9, 2008.


Attorney(s) appearing for the Case

Frederick T. Haas, III, Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P., New Orleans, LA, for Defendant/Appellant, Coastal Drilling Co., Inc.

Jeffrey Ackermann, Durio, McGoffin, Stagg and Ackermann, Lafayette, LA, for Plaintiff/Appellee, Private Capital, Inc.

Court composed of OSWALD A. DECUIR, MARC T. AMY, and BILLY HOWARD EZELL, Judges.


AMY, Judge.

The plaintiff, an accounts receivable factor, filed suit for recovery of sums allegedly due on an invoice purchased from an oil rig repair business. The defendant refused payment on the invoice, alleging that the work representing the sums due had not been performed. Both parties filed motions for summary judgment. The trial court granted that of the plaintiff, finding that the defendant had waived its right to advance defenses against the plaintiff. The...

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