Legal Opinion

Avery v. CITIMORTGAGE, INC.

Louisiana Court of Appeal

Decided May 13, 2009No. 2008 CA 2052PublishedCited by 8 opinions

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

  1. Fink v. BryantSupreme Court of Louisiana · 2001
  2. Tolis v. Board of Sup'rs of Louisiana State UniversitySupreme Court of Louisiana · 1995
  3. Leon v. MooreLouisiana Court of Appeal · 1999
  4. Smith v. LeBlancLouisiana Court of Appeal · 2007
  5. Commercial Securities Co., Inc. v. RossLouisiana Court of Appeal · 1975

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3Cited by8 opinions

  1. Countrywide Home Loans Servicing, LP v. ThomasLouisiana Court of Appeal · 2013
  2. Bajoie v. JP Morgan Chase Bank, N.A.Louisiana Court of Appeal · 2017
  3. Bajoie v. JP Morgan Chase Bank, N.A.Louisiana Court of Appeal · 2017
  4. Calvin J. Hill, individually and as the of The Succession of Elnore Johnson Hill v. TMR Exploration, park Exploration, Inc. and Vitol Resources, Inc.Louisiana Court of Appeal · 2019
  5. McCain v. J.P Morgan Mortgage Acquisition Corp.District Court, E.D. Louisiana · 2021

3 more not listed; retrieve them via the Exa API.

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