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DEROUEN v. MALAHMEH

No. 10-1002.

61 So.3d 693 (2011)

Bonnie Jeanne Carret DEROUEN, In Her Capacity as Trustee, et al. v. Adel Jaafar MALAHMEH, et al.

Court of Appeal of Louisiana, Third Circuit.

February 9, 2011.

Attorney(s) appearing for the Case

Calvin Theodore Guidry , Attorney at Law, Lafayette, LA, for Plaintiff Appellee, Bonnie Jeanne Carret Derouen, Trustee, Isadore J. Carret, Bonnie Jean Jones Carret, Trust.

Frank Edward Barber , Attorney at Law, New Iberia, LA, for Defendants/Appellants, Adel Jaafar Malahmeh, Asma Mohammad Al Daoud Malahmeh.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, and PHYLLIS M. KEATY, Judges.

SAUNDERS, Judge.

This is a case of a vendor/mortgagee filing suit against a mortgagor for the amount due under a promissory note. The mortgagor responded by alleging that the terms of the contract between the parties had been altered due to the customs of the business dealings so as to waive the mortgagee's right to late charges, that the mortgagee failed to timely pay to him the proceeds from an insurance claim, and that the mortgagee caused him mental damages in...

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