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DEUTSCHE BANK NAT'L TRUST CO. v. MCNAMARA

NO. 2017-CA-0173.

316 So.3d 881 (2017)

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC., TRUST 2004-WMC2 v. Sandra C. MCNAMARA, James P. McNamara, Honorable Dale N. Atkins, Clerk of Court and Ex-Officio Recorder, and Sugarcane Park, LLC.

Court of Appeal of Louisiana, Fourth Circuit.

October 18, 2017.

Attorney(s) appearing for the Case

Kent A. Lambert   Katie Dysart   Camalla Kimbrough BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC 201 St. Charles Avenue, Suite 3600 New Orleans, LA 70170, COUNSEL FOR PLAINTIFF/APPELLANT.

V. M. Wheeler, III   Peter J. Rotolo, III CHAFFE MCALL, LLP 1100 Poydras St., Suite 2300 New Orleans, LA 70163-2300, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Judge Joy Cossich Lobrano, Judge Sandra Cabrina Jenkins, Judge Paula A. Brown).

Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2004-WMC2 ("Deutsche Bank"), appeals the trial court's November 21, 2016 judgment sustaining an exception of no cause of action filed by appellee, Sugarcane Park, LLC ("Sugarcane Park"). For the reasons that follow, we reverse...

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