APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 760-625, DIVISION
"C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLANT, NATIONAL COLLEGIATE STUDENT
LOAN TRUST 2006-3 Brian D. Roth Matthew M. McCluer
COUNSEL FOR DEFENDANT/APPELLEE, WALTER POOLE William G.
composed of Judges Fredericka Homberg Wicker, Hans J.
Liljeberg, and Marion F. Edwards, Judge Pro Tempore
FREDERICKA HOMBERG WICKER JUDGE
the National Collegiate Student Loan Trust 2006-3
("NCSLT"), seeks review of the trial court's
judgment sustaining an exception of no right of action filed
by defendant-appellee, Walter Poole, dismissing NCSLT's
action against defendant with prejudice. Upon consideration
of the parties' joint motion to dismiss the appeal, we
hereby grant the parties' motion and dismiss the appeal.
6, 2016, NCSLT filed suit against Triona and Walter
Poole to collect on a student loan debt in the
amount of $27, 166.92. NCSLT filed into the record an
"Affidavit and Verification of Account" executed by
an employee of Transworld Systems, Inc., the designated
custodian of records concerning the education loans at issue,
attesting that National Collegiate Funding, LLC sold,
assigned, and transferred defendants' student loans to
plaintiff, NCSLT on September 28, 2006.
subsequently filed an exception of no right of action,
claiming that NCSLT lacked the procedural capacity to file
suit and contended rather that the trustee for NCSLT must
file suit on its behalf. Poole relied upon La. C.C.P. art.
699, which provides that, "the trustee of an express
trust is the proper plaintiff to sue to enforce a right of
the trust estate." Poole argued that NCSLT lacks the
capacity to file suit in its own right and must, pursuant to
La. C.C.P. art. 699, file suit through its
trustee. On January 27, 2017, the trial court
issued a judgment sustaining Poole's exception of no
right of action but allowing NCSLT time to amend its petition
to name the trustee as the plaintiff in accordance with La.
C.C.P. art. 699 and La. R.S. 9:2222. After NCSLT failed to
amend its petition within the time provided in the trial
court judgment, Poole sought to have the suit dismissed. On
March 8, 2017, the trial judge took judicial notice that more
than 10 days had elapsed since the signing of the January 27,
2017 judgment, and dismissed NCSLT's petition against
Poole with prejudice. This timely appeal followed.
appeal, NCSLT contends that Delaware law should apply under
the facts of this case and that, under Delaware law, NCLST is
a business trust with the substantive and procedural capacity
to file suit on its own behalf. NCSLT thus asserts that it is
not subject to La. C.C.P. art. 699's requirement that an
"express trust" file suit through its named
trustee. Poole responds that Louisiana's Code of Civil
Procedure sets forth the procedural means by which an entity
may sue or be sued in Louisiana courts and that, under La.
C.C.P. art. 699, the named trustee must file suit on
morning that this matter was docketed for oral argument,
NCSLT forwarded correspondence to this Court, informing the
Court that the parties had reached a compromise and would not
be present for oral argument on that date. Subsequently, the
parties filed a joint motion to dismiss the appeal. Upon
consideration of the parties' joint motion, we hereby
grant the parties' motion and dismiss this appeal.