W.B. McCartney Oil Co. v. Hataway

I dissent from the majority holding in this case. In my opinion, the trial court did not err when it sustained Tudor’s exceptions of no right and no cause of action.

First, the Recorder of Mortgages cannot be held liable under a “use” or “reliance” theory. The record evidence indicates that McCartney did not order the mortgage certificate nor did it rely on it in any way. See Federal Deposit Ins. Corp. v. Greenup, 517 So.2d 1274 (La.App. 4th Cir.1987), writ denied 519 So.2d 145 (La.1988).

Second, the Recorder cannot be held liable under a duty/risk analysis. In order to be held liable under the…