AVERY v. CITIMORTGAGE, INC.

No. 2008 CA 2052.

15 So.3d 240 (2009)

Gerald Lynn AVERY v. CITIMORTGAGE, INC. and Gulf Coast Bank and Trust Company.

Court of Appeal of Louisiana, First Circuit.

May 13, 2009.


Attorney(s) appearing for the Case

Harry L. Shoemaker, III, Baton Rouge, Louisiana, for Plaintiff-Appellant, Gerald Lynn Avery.

Kent A. Lambert, Brian M. Ballay, New Orleans, Louisiana, for Defendant-Appellee, CitiMortgage, Inc.

Before KUHN, GUIDRY, and GAIDRY, JJ.


KUHN, J.

Plaintiff-appellant, Gerald Lynn Avery, appeals the trial court's judgment, sustaining the peremptory exceptions raising the objections of res judicata and no cause of action of defendant, CitiMortgage, Inc. (CitiMortgage) and dismissing his petition seeking annulment of a judgment obtained through executory process and return of his residence or, alternatively, damages for negligence and unjust enrichment. We reverse in part and affirm in part.

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