Chase Bank USA, N.A. v. Webeland, Inc.

Supreme Court of Louisiana

Chase Bank USA, N.A. v. Webeland, Inc.

98 So. 3d 823, 2012 La. LEXIS 2734, 2012 WL 4787636

Supreme Court of Louisiana·Decided September 28, 2012·No. No. 2012-CC-0240·Published

Opinion

In re Chase Bank USA N.A. et al.; Deutsche Bank National Trust Company as Trustee for JP Morgan Mortgage Acquisition Trust 2007-CH3 Asset Backed Pass-Through Certificates Series 2007-CH3; — Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 2010-12725; to the Court of Appeal, First Circuit, No. 2010 CW 2180.

Granted. The district court did not err in denying the exceptions of prescription and res judicata. See Smitko v. Gulf South Shrimp, Inc., 11-2566 (La.7/2/12), 94 So.3d 750; Sutter v. Dane Investments, Inc., 07-1268 (La.App. 4 Cir. 6/4/08), 985 So.2d 1263, writ denied, 08-2154 (La.11/14/08), 996 So.2d 1091; see also C & C Energy, L.L.C. v. Cody Investments, L.L.C., 09-2160 (La.7/6/10), 41 So.3d 1134. Accordingly, the judgment of the court of appeal is reversed, the judgment of the district court is reinstated, and the case is remanded to the district court for further proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

In re Chase Bank USA N.A. et al.; Deutsche Bank National Trust Company as Trustee for JP Morgan Mortgage Acquisition Trust 2007-CH3 Asset Backed Pass-Through Certificates Series 2007-CH3; — Plaintiff(s); Applying For Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. F, No. 2010-12725; to the Court of Appeal, First Circuit, No. 2010 CW 2180.

Granted. The district court did not err in denying the exceptions of prescription and res judicata. See Smitko v. Gulf South Shrimp, Inc., 11-2566 (La.7/2/12), 94 So.3d 750; Sutter v. Dane Investments, Inc., 07-1268 (La.App. 4 Cir. 6/4/08), 985 So.2d 1263, writ denied, 08-2154 (La.11/14/08), 996 So.2d 1091; see also C & C Energy, L.L.C. v. Cody Investments, L.L.C., 09-2160 (La.7/6/10), 41 So.3d 1134. Accordingly, the judgment of the court of appeal is reversed, the judgment of the district court is reinstated, and the case is remanded to the district court for further proceedings.

Chase Bank USA, N.A. v. Webeland, Inc., 98 So. 3d 823, 2012 La. LEXIS 2734, 2012 WL 4787636 (La. 2012).

Pincite

98 So. 3d 823 (Chase Bank USA, N.A. v. Webeland, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related