Legal Opinion · Concurring in part, dissenting in part

Edwards v. First Bank & Trust

Louisiana Court of Appeal

Decided April 8, 2013No. 2012 CA 0423Published

1Concurring in part, dissenting in partWelch, J.

11 While I agree with the majority that the imposition of sanctions on First Bank & Trust was improper and that the trial court’s judgment in that regard should be reversed, I disagree that the trial court’s judgment nullifying the summary judgment should be affirmed. The trial court nullified the summary judgment on the basis that Mr. Edwards was not served with process as required by law;. See La.C.C.P. art. 2002(2). The record reflects that Mr. Edwards was served with the motion for summary judgment at his firm’s office, through his secretary. See La.C.C.P. art. 1314(B.). Service in this…

2Cases cited1 opinion

  1. National Income Realty Trust v. PaddieLouisiana Court of Appeal · 1998

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