Eichhorn v. Schneider

DUFRESNE, Judge.

This is an appeal by Commercial Bank and Trust Company (CBT) contesting the issuance by the trial court of a permanent injunction prohibiting CBT from proceeding by executory process against a house mortgaged to them by Christian Eichhorn.

Because we find that CBT waived its right to proceed by executory process when it moved to consolidate its petition for executory process with an ordinary proceeding then pending between the same parties in another division of the same district court, we remand this case for trial on the merits as an ordinary proceeding with the companion…