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GULF COAST BANK & TRUST v. MONTOLI & PITRE

No. 13-CA-784.

138 So.3d 57 (2014)

GULF COAST BANK AND TRUST COMPANY v. MONTOLI & PITRE, LLC, Jerry H. Muhs and Wanda C. Muhs.

Court of Appeal of Louisiana, Fifth Circuit.

March 12, 2014.

Attorney(s) appearing for the Case

Jack A. Ricci , Michael S. Ricci , Jonathan L. Schultis , Attorneys at Law, New Orleans, Louisiana, for Plaintiff/Appellee.

Richard A. Richardson , Attorney at Law, Madisonville, Louisiana, for Defendant/Appellant.

Panel composed of Judges FREDERICKA HOMBERG WICKER, JUDE G. GRAVOIS, and ROBERT M. MURPHY.

FREDERICKA HOMBERG WICKER, Judge.

At issue in this appeal is whether the power of attorney executed by defendants, Mr. Jerry H. Muhs and Ms. Wanda C. Muhs, expressly authorized Mr. Muhs to bind Ms. Muhs personally as a surety on a loan to Montoli & Pitre, LLC, a company they owned together. We conclude that the power of attorney at issue here did expressly authorize this act and therefore affirm the trial court's grant of summary

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