Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Seals v. ASI Federal Credit Union

Court of Appeals of Louisiana, Fourth Circuit

October 11, 2017

DEROME A. SEALS
v.
ASI FEDERAL CREDIT UNION

         APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2015-11705, DIVISION "A" Honorable Tiffany G. Chase, Judge

          Derome A. Seals PLAINTIFF-APPELLANT IN PROPER PESON.

          (Court composed of Judge Terri F. Love, Judge Marion F. Edwards, Pro Tempore, Judge Terrel J. Broussard, Pro Tempore).

          Terrel J. Broussard, Pro Tempore Judge.

         The 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.

         Statement of the Case

         On 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[1]. He also filed a request for production of documents.

         On May 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[2]. 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 prejudice.

         The November 10, 2016 judgment is the subject of the instant appeal.

         In this 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.

         Facts

         According 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 linked account[3].

         In 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.

         The appellant disputed the matter with Telecheck, the appellee, the Better Business Bureau, and the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.