Legal Opinion

Allain v. First Guaranty Bank

Louisiana Court of Appeal

Decided March 28, 1991No. CA 90 0020PublishedCited by 1 opinion

1Opinion of the Court

EDWARDS, Judge.

Plaintiffs, Reid and Vicki Allain, filed this suit seeking damages for the wrongful seizure of their property. This action is preceded by almost seventeen years of protracted litigation following the seizure of the Allains’ property via an executory proceeding initiated by First Guaranty Bank in 1974. Finding that this suit was untimely filed, we reverse the trial court’s ruling on the issue of prescription.

FACTS AND PROCEDURAL HISTORY

On July 31,1974, First Guaranty brought an executory proceeding, bearing docket number 44,852, against the Allains, foreclosing on a collateral…

2Cases cited12 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Fuentes v. ShevinSupreme Court of the United States · 1972
  3. Rayne State Bank & Trust Co. v. Nat. Union Fire Ins. Co.Supreme Court of Louisiana · 1986
  4. Hernandez v. HarsonSupreme Court of Louisiana · 1959
  5. First Guar. Bk. v. Baton Rouge Petroleum Center, Inc.Supreme Court of Louisiana · 1988

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3Cited by1 opinion

  1. Baker v. Newtek Small Business Finance, LLCDistrict Court, E.D. Louisiana · 2024

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