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

CourtSupreme Court of Louisiana

DecidedSeptember 28, 2012

DocketNo. 2012-CC-0240

StatusPublished

This text of 98 So. 3d 823 (Chase Bank USA, N.A. v. Webeland, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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Bluebook (online)

98 So. 3d 823, 2012 La. LEXIS 2734, 2012 WL 4787636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chase-bank-usa-na-v-webeland-inc-la-2012.

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