DEROME A. SEALS
ASI FEDERAL CREDIT UNION
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2015-11705,
DIVISION "A" Honorable Tiffany G. Chase, Judge
A. Seals PLAINTIFF-APPELLANT IN PROPER PESON.
composed of Judge Terri F. Love, Judge Marion F. Edwards, Pro
Tempore, Judge Terrel J. Broussard, Pro Tempore).
J. Broussard, Pro Tempore Judge.
plaintiff/appellant, Derome Seals, seeks this Court's
review and reversal of the November 10, 2016 judgment
granting the motion for judgment on the pleadings in favor of
the defendant/appellee, ASI Federal Credit Union. For the
reasons set forth below, we affirm.
of the Case
December 10, 2015, the appellant filed a petition for damages
in Civil District Court for the Parish of Orleans. On January
15, 2016, he motioned the trial court for a preliminary
default judgment. The appellee answered the petition on
January 21, 2016, and on February 10, 2016, the appellant
filed a motion and order for summary judgment with a
corresponding memorandum. On March 17, 2016, the appellee
filed a motion for judgment on the pleadings. On March 22,
2016, the appellee also filed a response to the
appellant's motion for summary judgment. The appellant
then filed an opposition to the "defendant's"
motion for summary judgment on March 30, 2016. He also filed a
request for production of documents.
13, 2016, the trial court held a hearing on the
appellant's motion for summary judgment, and in a
judgment reduced to writing dated June 3, 2016, the trial
court denied the appellant's motion for summary
judgment. Thereafter, the trial court set a rule to
show cause why the appellee's motion for judgment on the
pleadings should not be granted. The motion for judgment on
the pleadings was heard on September 2, 2016, and
memorialized in a written judgment dated November 10, 2016,
granting the appellee's motion for judgment on the
pleadings and dismissing the appellant's action with
November 10, 2016 judgment is the subject of the instant
Court, the appellant filed a motion for appeal on November
15, 2016, and the trial court granted the motion setting the
return date within the delays allowed by law.
to the appellant, he and his son Jessie Wright opened a
savings account with the appellee in April of 2014, and the
appellant was named as an authorized user on the account. In
June of 2015, the savings account became overdrawn when Legal
Shield (a non-party herein) attempted to debit monies from a
November 2015, Wal-Mart declined the appellant's check
written on his Fidelity Bank account. Wal-Mart advised the
appellant to contact Telecheck. Telecheck informed the
appellant that the appellee had reported him indebted to the
appellee for the sum of $85.85.
appellant disputed the matter with Telecheck, the appellee,
the Better Business Bureau, and the ...