Citizens Bank & Trust Co. v. Carr

LEBLANC, Judge.

Plaintiff, Citizens Bank & Trust Company, moves to dismiss the appeal of defendant, Jacqueline Carr, on the basis that it was taken untimely.

This is a suit for executory process to enforce a collateral mortgage executed by defendant. The collateral mortgage secures a promissory note dated January 18, 1985, in the original amount of $100,000.00. In the collateral mortgage, defendant waived citation and all notices and delays, including the three day notice provided by La.Code Civ.P. art. 2639.1 On June 23, 1986, the trial court signed an order directing the seizure and sale of…