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THE BANK OF NEW YORK MELLON v. OLDEMEYER

19-348.

282 So.3d 1098 (2019)

The BANK OF NEW YORK MELLON fka the Bank of New York, as Trustee (CWABS 2006-BC5) v. Michael E. OLDEMEYER a/k/a Michael Oldemeyer and Kristi A. Oldemeyer a/k/a Kristi Oldemeyer.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 18, 2019.

Attorney(s) appearing for the Case

Kent B. Payne , 321 N. Vermont Street, Suite 207, Covington, Louisiana 70433, (985) 276-9731, COUNSEL FOR DEFENDANT/RELATOR: Kristi Fair formerly known as Kristi Oldemeyer.

Ronnie J. Berthelot , The Law Offices of Herschel C. Adcock, Jr., L.L.C., 13541 Tigerbend Road, Baton Rouge, Louisiana 70817, (225) 756-0370, COUNSEL FOR PLAINTIFF/RESPONDENT: The Bank of New York Melon formerly known as The Bank of New York, as Trustee.

Jason O. Methvin , 211 South Drive, Post Office Box 2331, Natchitoches, Louisiana 71457, (318) 352-7272, Curator ad hoc for Michael E. Oldemeyer.

Court composed of Elizabeth A. Pickett, Phyllis M. Keaty, and Jonathan W. Perry, Judges.

Relator/Defendant, Kristi Fair, formerly known as Kristi Oldemeyer ("Kristi"), seeks supervisory review of the trial court's judgment which denied her peremptory exception of prescription. For the following reasons, we grant the writ and make it peremptory.

STATEMENT OF THE CASE...

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