COLONIAL FINANCE v. COLONIAL GOLF & COUNTRY

No. 11-CA-5.

72 So.3d 349 (2011)

COLONIAL FINANCE, LLC v. COLONIAL GOLF & COUNTRY CLUB, INC.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied September 28, 2011.


Attorney(s) appearing for the Case

Randall A. Smith , Stephen M. Gelé , Melissa M. Desormeaux , Smith & Fawer, Attorneys at Law, New Orleans, LA, Stephen I. Dwyer , Edward T. Suffern, Jr. , L. Marlene Quarles , Robert Knights , Dwyer, Cambre & Suffern, Attorneys at Law, Metairie, LA, for Plaintiff/Appellant.

J.A. "Jay" Beatmann, Jr. , Uddo, Beatmann & Code, Attorney at Law, Jeannie Morris , Law Office of Jeannie Morris, Attorney at Law, Metairie, LA, for Defendant/Appellee.

Louisiana Bankers Association, David J. Boneno , General Counsel, Baton Rouge, LA, for Amicus Curiae in Support of Plaintiff/Appellant.

Panel composed of Judges CLARENCE E. McMANUS, FREDERICKA HOMBERG WICKER, and MARC E. JOHNSON.


CLARENCE E. McMANUS, Judge.

Plaintiff, Colonial Finance, LLC, appeals from a decision of the trial court granting defendant's Petition for Preliminary Injunction. We reverse the decision of the trial court.

This case involves the Colonial Golf and Country Club (the Club) in Harahan. The Club was founded in 1927 and consists of approximately 88 acres. On January 12, 2007, the Club executed a promissory note for the principal amount of $4,538,330.68 plus interest...

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