BFH v. FIRST NAT. BANK USA

No. 13-CA-904.

147 So.3d 730 (2014)

BFH v. FIRST NATIONAL BANK USA, et al.

Court of Appeal of Louisiana, Fifth Circuit.

May 14, 2014.


Attorney(s) appearing for the Case

Geraldine Broussard-Baloney , Abril B. Sutherland , Attorneys at Law, Laplace, Louisiana, for Plaintiff/Appellant.

Robert B. Evans, III , Attorney at Law, New Orleans, Louisiana, for Plaintiff/Appellant.

Larry J. Feldman, Jr. , Mark R. Deethardt , Brandt J. Dufrene, Jr. , Attorneys at Law, New Orleans, Louisiana, for Defendant/Appellee.

Panel composed of Judges ROBERT M. MURPHY, STEPHEN J. WINDHORST, and HANS J. LILJEBERG.


ROBERT M. MURPHY, Judge.

This appeal arises from the denial of a motion for new trial, based on a claim of insufficiency of service of process on a motion for summary judgment and exception of prescription. For the reasons that follow, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

During the period from 2007 to 2010, Carmen Baloney ("Ms. Baloney") worked as funeral director for appellant, Baloney Funeral Home, L.L.C. ("BFH") as an employee...

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