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U.S. BANK NAT. ASS'N v. DUMAS

No. 2012 CA 1902.

144 So.3d 29 (2014)

U.S. BANK NATIONAL ASSOCIATION as Trustee for RFMSI 2005S7 v. Walter C. DUMAS.

Court of Appeal of Louisiana, First Circuit.

April 3, 2014.

Attorney(s) appearing for the Case

Avery A. Simmons , Blake B. Goodsell , Charlotte, North Carolina, Attorneys for Plaintiff/Appellant, U.S. Bank National Association as Trustee For RFMSI 2005S7.

Benjamin B. Dean , Monroe, Louisiana, Joseph P. Brantley, IV , Baton Rouge, Louisiana, Attorney for Defendant/Appellee, Walter C. Dumas.

Before WHIPPLE, C.J., PARRO, WELCH, CRAIN, and DRAKE, JJ.

CRAIN, J.

In this foreclosure proceeding, the plaintiff appeals a judgment granting a preliminary injunction enjoining the sale of certain immovable property by the use of executory process. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

U.S. Bank National Association as Trustee for RFMSI 2005S7 commenced this foreclosure proceeding by filing a petition for executory process against Walter C. Dumas, alleging that Dumas had defaulted on a promissory...

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