Legal Opinion · Dissent
First National Bank, USA v. DDS Construction, LLC
Supreme Court of Louisiana
Decided January 24, 2012No. 2011-C-1418PublishedCited by 1 opinion
1DissentKnoll, Justice
|! With all due respect, I dissent. In my view, an act of correction pursuant to La. Rev.Stat. § 35:2.1 cannot reinstate a mortgage cancelled from the public records. Under La. Civ.Code art. 3366(B), once First National’s mortgage was cancelled it was extinguished from the public records and could not be reinstated absent a court order. The majority’s reading of La.Rev. Stat. § 35:2.1 permits acts which go far beyond mere correction. The plain language of the statute and its legislative history do not support such an expansive reading. Further, the majority’s interpretation of La.Rev.Stat. §…
2Cases cited17 opinions
- Canovsky v. GehrsenLouisiana Court of Appeal · 1927
- Blevins v. Manufacturers Record Publishing Co.Supreme Court of Louisiana · 1958
- Abl Mgmt. v. Board of Sup'rs of S. Univ.Supreme Court of Louisiana · 2000
- Cimarex Energy Co. v. MauboulesSupreme Court of Louisiana · 2010
- Buras Ice Factory, Inc. v. Department of HighwaysSupreme Court of Louisiana · 1958
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3Cited by1 opinion
- First National Bank, USA v. DDS Construction, LLCSupreme Court of Louisiana · 2012