1. Home
  2. Browse Decisions
  3. So.3d
  4. 70 So.3d
  5. 70 So.3d 873 (2011)
 

SMITH v. McGUIRE FUNERAL HOME, INC.

No. 46,326-CA.

70 So.3d 873 (2011)

Mary Susan Darnell SMITH through her agent Suzanne Smith UPCHURCH, Plaintiff-Appellant v. McGUIRE FUNERAL HOME, INC., William J. (Jimmy) McGuire, Citizens Bank & Trust Company of Vivian, Louisiana, Inc., Regions Bank, Capital One, National Association, First Guaranty Bank, and American Bank & Trust Company, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

June 1, 2011.

Attorney(s) appearing for the Case

Law Office of J. Patrick Hennessy by J. Patrick Hennessy , Law Offices of Rountree & Guin by Billy J. Guin, Jr. , Daye, Bowie & Beresko, APLC by R. Scott Bowie, Jr. , Shreveport, LA, for Plaintiffs-Appellants Mary Susan Darnell Smith, Linda Wallace Cooper, Elbert Newman Graves and Suzanne Smith Upchurch.

William J. (Jimmy) McGuire , for Defendant-Appellee McGuire Funeral Home, Inc., In Proper Person.

William R. Jones , Coushatta, LA, for Defendant-Appellee American Bank & Trust Co.

Cook, Yancey, King & Galloway, Shreveport, LA, by Bernard S. Johnson , Kristina B. Gustavson , for Defendant-Appellee Regions Bank.

Cashe Coudrain & Sandage, Hammond, LA, by Andre G. Coudrain , for Defendant-Appellee First Guaranty Bank.

Susan McGuire , In Proper Person.

Before STEWART, GASKINS and CARAWAY, JJ.

STEWART, J.

The plaintiffs appeal two judgments, one denying their motion for class certification and one sustaining the peremptory exception of no right of action in favor of American Bank and Trust Company ("American"), a defendant herein. For reasons explained in this opinion, we affirm the judgment in favor of American, but we reverse the judgment that denied certification and remand for further proceedings.

FACTS

On March 26, 2008, Mary Susan...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases