FRANKLIN CREDIT MANAGEMENT CORPORATION v. Gray

hi respectfully concur in the result. Mr. Gray simply introduced no evidence in connection with Franklin Credit’s motion which showed that there was a genuine issue of material fact whether his installment payments were current at the time of filing the foreclosure action via ordinaria in order to preclude a summary judgment. La. C.C.P. art. 966(B). His only submission was an “affidavit” based upon the business records of Franklin Credit. Such a submission is insufficient to raise a genuine issue of material fact. This is the situation addressed in American Bank v. Saxena, 553 So.2d 836, 844…