CARR v. OAKTREE APARTMENTS

No. 45,514-CA.

46 So.3d 793 (2010)

Michael Ray CARR, Plaintiff-Appellant v. OAKTREE APARTMENTS and Cross Country Management, Inc., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

August 11, 2010.


Attorney(s) appearing for the Case

Wiener, Weiss & Madison, Shreveport, LA, by R. Joseph Naus , Seth M. Moyers , for Appellant Michael Ray Carr.

Stewart & Stewart by Jonathan M. Stewart , for Intervenor-Appellee Gibsland Bank & Trust Co.

The Smitherman Law Firm, Shreveport, LA, by W. James Hill, III , for Defendant-Appellee Oaktree Apartments.

Before WILLIAMS, STEWART and GASKINS, JJ.


STEWART, J.

Michael Ray Carr ("Carr") appeals a judgment decreeing that a mortgage granted by Oaktree Apartments, A Limited Partnership ("O.A."), in favor of Gibsland Bank & Trust Company ("Gibsland") in 2008 primes Carr's judicial mortgage securing a 1999 judgment against O.A. Because we find that the public records provided sufficient notice to Gibsland of Carr's judicial mortgage and that the trial court erred in ranking Gibsland's mortgage

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