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FIRST NAT. BANK, USA v. DDS CONST., LLC

No. 10-CA-204.

92 So.3d 1 (2010)

FIRST NATIONAL BANK, USA v. DDS CONSTRUCTION, LLC.

Court of Appeal of Louisiana, Fifth Circuit.

Opinion Granting Rehearing in Part May 31, 2011.

Attorney(s) appearing for the Case

James M. Garner , John T. Balhoff, II , Alvin C. Miester, III , Charles E. Tabor , Attorneys at Law, New Orleans, LA, for Intervenor/Appellant, U.S. Bank National Association.

Mark C. Landry , Attorney at Law, Metairie, LA, for Plaintiff/Defendant-In-Intervention/Appellee, First National Bank USA.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and FREDERICKA HOMBERG WICKER.

SUSAN M. CHEHARDY, Judge.

This appeal arises in a suit for executory process. At issue is whether a mortgage cancelled from the public records can be reinstated by a notarial act of correction. The district court found it could, but we disagree. We reverse the ruling.

FACTS

On January 6, 2006, DDS Construction, LLC ("DDS") executed a multiple indebtedness mortgage ("Construction Mortgage") in favor of First...

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