Bank One, N.A. v. Bourgeois

TERRI F. LOVE, Judge.

| tThis appeal arises from the trial court’s grant of a petition for executory process. The defendant filed a petition seeking a preliminary or permanent injunction and/or damages. The plaintiffs motion for summary judgment followed and was granted. The defendant timely appealed. After lodging the appeal, both parties allegedly entered into a compromise to stop the seizure and sale of the mortgaged property. However, the plaintiff did not dismiss the appeal. Thus, the defendant filed a motion to dismiss appeal/exception of res judicata and motion to remand. We now remand…