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LODGE AT SONTERRA v. PNC FINANCIAL SERVICES

No. 10-CA-745.

71 So.3d 973 (2011)

LODGE AT SONTERRA, LTD., The Hills Ltd., Enfield Courts Ltd., Timber Creek, Ltd., Windsor House, Ltd., Rain Forest, Ltd., The Trails, Ltd., Regents Cove, Ltd., Ashley House, Ltd., Carlyle Crossing, Ltd., Stone Lake, Ltd., Oaks of Ashford, Ltd., Cornerstone Ranch, Ltd., Crescent Oaks, Ltd., Inwood Oaks, Ltd., The Belvedere, Ltd., Red Oak Place, Ltd., The Chancellor, Ltd., Oaks of Ashford, II, Ltd., The Falls, Ltd., Hunt Garden, Ltd., Willow Tree, Ltd., Forest Cove, Ltd., all Texas Domestic Limited Partnerships with Headquarters in Metairie, Louisiana, Edwin A. White on Behalf of the Putative Investors in the Yellowstone Ranch Investment, and Edwin A. White, Individually v. The PNC FINANCIAL SERVICES GROUP, INC., a Pennsylvania Corporation, PNC Bank National Association, a Member of the PNC Financial Services Group, Inc., Midland Loan Services, Inc., a Delaware Corporation, Michael B. Smuck, Individually, ING Clarion Partners, L.L.C., a New York Limited Liability Company and ING Clarion Capital, L.L.C., a New York Limited Liability Company.

Court of Appeal of Louisiana, Fifth Circuit.

June 14, 2011.

Attorney(s) appearing for the Case

David C. Leob , Robert E. Couhig, III , Couhig Partners, LLP, Arthur A. Lemann, III , Arthur A. Lemann, IV , Arthur A. Lemann, III & Associates, Inc., New Orleans, LA, for Plaintiffs/Appellants.

Richard A. Aguilar , B. Franklin Martin, III , Gabriel A. Crowson , McGlinchy Stafford, PLLC, New Orleans, LA, for Defendants/Appellees.

Panel composed of Judges MARION F. EDWARDS, MARC E. JOHNSON, and HILLARY J. CRAIN, Pro Tempore.

MARION F. EDWARDS, Judge.

On appeal is a judgment of the district court granting an Exception of Lack of Procedural Capacity. For the reasons to follow, the appeal is dismissed.

Plaintiffs, Lodge at Sonterra, Ltd.; Ashley House, Ltd.; Cornerstone Ranch, Ltd.; Windsor House, Ltd.; Stone Lake Ltd. (The Class "A" Properties); The Hills, Ltd.; Enfield Courts, Ltd.; Timber Creek, Ltd.; Rain Forest Ltd.; The Trails, Ltd...

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