Avery v. CITIMORTGAGE, INC.
Louisiana Court of Appeal
1Opinion of the CourtKuhn, J.
12Plaintiff-appellant, Gerald Lynn Avery, appeals the trial court’s judgment, sustaining the peremptory exceptions raising the objections of res judicata and no cause of action of defendant, CitiMortgage, Inc. (Ci-tiMortgage) and dismissing his petition seeking annulment of a judgment obtained through executory process and return of his residence or, alternatively, damages for negligence and unjust enrichment. We reverse in part and affirm in part.
PROCEDURAL BACKGROUND
Avery filed a petition seeking, among other things, the return of his residence, located in the South St. Gerard subdivision…
2Cases cited7 opinions
- Fink v. BryantSupreme Court of Louisiana · 2001
- Tolis v. Board of Sup'rs of Louisiana State UniversitySupreme Court of Louisiana · 1995
- Leon v. MooreLouisiana Court of Appeal · 1999
- Smith v. LeBlancLouisiana Court of Appeal · 2007
- Commercial Securities Co., Inc. v. RossLouisiana Court of Appeal · 1975
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- McCain v. J.P Morgan Mortgage Acquisition Corp.District Court, E.D. Louisiana · 2021
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