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DEUTSCHE BANK NAT. TRUST CO. v. THOMAS

No. 2010 CA 1453.

57 So.3d 1185 (2011)

DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee for the Holders of Ixis Real Estate Capital Trust 2005-HE3 Mortgage Pass-Through Certificates, Series 2005-HE3 v. Shirley M. THOMAS.

Court of Appeal of Louisiana, First Circuit.

February 11, 2011.

Attorney(s) appearing for the Case

Charles Heck, Jr. , Monroe, Louisiana, for Plaintiff/Appellee, Deutsche Bank National Trust Co.

Alfreda Tillman Bester , Baton Rouge, Louisiana, for Defendant/Appellant, Shirley M. Thomas.

Before: WHIPPLE, McDONALD and McCLENDON, JJ.

McCLENDON, J.

The defendant appeals a trial court judgment that granted the plaintiff's motion for summary judgment and denied her exception of prematurity, denied her motion for summary judgment, and dismissed her reconventional demand. For the reasons that follow, we vacate the judgment and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

This matter began as an executory proceeding filed by the plaintiff, Deutsche Bank National Trust...

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