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BANK OF NEW YORK MELLON v. SMITH

No. 11-60.

71 So.3d 1034 (2011)

The BANK OF NEW YORK MELLON, et al. v. Whitney Blaine SMITH, et ux.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 24, 2011.

Attorney(s) appearing for the Case

Robert L. Kennedy , Colfax, LA, for Defendant/Appellee, The Unopened Succession of Whitney Blaine Smith.

Robert G. Nida , Gold, Weems, Bruser, Sues & Rundell, Alexandria, LA, for Defendant/Appellant, Pamela Dean Smith.

Charles Herman Heck, Jr. , Dean Morris, LLP, Monroe, LA, for Plaintiff/Appellee, The Bank of New York Mellon.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and SHANNON J. GREMILLION, Judges.

THIBODEAUX, Chief Judge.

In 2009, the Bank of New York Mellon (Mellon), sued husband and wife, Whitney Blaine Smith, deceased, and Pamela Deann LaCour Smith (Smith), to enforce a promissory note (Note) and act of mortgage (Mortgage) that the Smiths had signed in 1999. Smith reconvened against Mellon for wrongful seizure and conversion of property under state law and for due process violations under federal law. She also brought third party demands against Mellon's...

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