Whitney National Bank v. Buchler

REHEARING DENIED

Our original opinion is correct. Defendant relies on Federal Savings & Loan Insurance Corp. v. Edwards, 562 So.2d 1148 (La.App. 4th Cir.1990) for the proposition that Code of Procedure Article 967 requires that the documents referred to in an affidavit “be attached thereto or served therewith.” Such a pronouncement may be correct in those instances where the document does not already appear in the record or where it was never previously served on the opposing party. For that reason, this case is distinguishable from Federal Savings & Loan Insurance Corp., supra.

Code of Civil…