FIRST NAT. BANK, USA v. DDS CONST., LLC

No. 2011-C-1418.

91 So.3d 944 (2012)

FIRST NATIONAL BANK, USA v. DDS CONSTRUCTION, LLC.

Supreme Court of Louisiana.

Rehearing Denied March 9, 2012.


Attorney(s) appearing for the Case

Newman, Mathis, Brady & Spedale, PLC, Mark Christopher Landry , Metairie, LA, for Applicant.

Sher Garner Cahill Richter Klein & Hilbert, LLC, John Thomas Balhoff, II , Elwood Francis Xavier Cahill, Jr. , New Orleans, LA, for Respondent.


CLARK, Justice.

The issue presented in this matter arose in connection with a motion to rank creditors in a suit for executory process. The district court held a notarial act which cancelled a mortgage could be corrected by an act of correction under La. R.S. 35:2.1 and the lender which erroneously cancelled the mortgage maintained its rank relative to a subsequent mortgage under the statute's provisions. The court of appeal disagreed, holding under these facts the...

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