Tyrone Williams VS First Heritage Credit of Louisiana, L.L.C. and Yokum & Yokum

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2006 CA 1066 TYRONE WILLIAMS VERSUS FIRST HERITAGE CREDIT OF LA LLC AND YOKUM YOKUM Judgment On Appeal Rendered March 23 2007 from the 21 st Judicial District Court in and for the Parish of St Helena State of Louisiana District Court No 19199 The Honorable Zorraine M Tyrone Waguespack Judge Presiding Plaintiff Appellant Williams Kinder La In Proper Person Herschel C Adcock Sr Counsel for Defendants Appellees First Heritage Credit of Louisiana Baton and Yokum John Chandler Rouge Loupe La BEFORE CARTER C J Yokum WHIPPLE AND MCDONALD n CARTER C J Tyrone Williams appeals the trial Plaintiff inmate The record establishes that Plaintiff defaulted on Five vehicles Credit the plaintiff signed 2003 Janumy 6 on note in favor of Hallmark collateral and note a petition for Heritage Credit and to Judgment executory process on April 15 2005 was offered were 1 April on Heritage Credit of Louisiana LLC Hallmark Credit s filed judgment s We affirm dismissing his suit with prejudice promissOlY court 2005 successor as First in title rendered in favor of writ of seizure and sale a a was issued the Sheriff of St Helena Parish On January 13 Heritage and Yokum the alternative motion for suit as 2006 Yokum damages judgment plaintiff filed the present suit against First on on First the and pleadings to state March 10 2006 and on a a or in answer a of his seized property return In response untimely and for failing taken up seeking Heritage filed motion cause to dismiss of action March 27 2006 a an The judgment plaintiff s matter was was signed dismissing plaintiff s suit with prejudice Even if of objection a defendant fails to of action a no cause action may be noticed mi 927B 97 0098 App a peremptory exception raising the plaintiffs failure by the appellate Capital City Towing La file court on Recovery 1 Cir 2 20 98 its Inc whether the law extends own v a no remedy against 2 disclose a cause of motion LSA C C P City of Baton Rouge 709 So 2d 248 251 peremptory exception raising the objection of question to The function of the cause of action is to the defendant under the factual allegations of the petition Hoag 04 0857 State v La 12 104 889 So 2d 1019 1025 general allegations of his petition plaintiff challenges the In the of the validity debtor has The first proceeding to file is or in proceeding has is not if the or The LSA C C P mi 4 Cir and sale to appeal 7 3 01 proceeding are exercise either We to must Chrysler uncontested a by a an If suit for an option therefore he has waived court or is executory order of seizure the days of writ of seizure and sale Corp 00 0647 La debtor allows the seizure a injunction 782 So 2d executory The second 2751 from Financial procedural objections Antoine law for be taken within fifteen the issuance of v an extinguished art suspensive appeal to in the executory is LSA C C P 652 653 waived to at an 653 or by a suspensive executory process Plaintiff did all defenses and not procedural the executory process further includes the a Antoine defenses and either A procedure injunction in the procedure required by 782 So 2d 651 proceed all objections 2642 directing for petition when the debt suspensive appeal the order a raising objections pending been followed is for the debtor to file signing of App option separate suit a legally unenforceable and sale for executory proceeding the option and the executory process note legal options available two proceeding where promissory name note that of Yokum although the Yokum the identifying information regarding Yokum caption of plaintiff s petition petition contains Yokum no claims or Plaintiff also makes allegations against the Sheriff s office maintaining the sheriff s office 3 seized items not office is named not After this court a listed on as a the writ of seizure and sale defendant in this However the sheriff litigation thorough review of the pleadings and the record in this matter grants ex proprio motu a peremptory exception of against the plaintiff and in favor of defendants action no cause The trial judgment dismissing plaintiff s suit with prejudice is affinned and this appeal are memorandum Appeal s assessed to plaintiff appellant Tyrone Williams opinion is issued in accordance with Uniform Rules Rule 2 16 3B AFFIRMED 4 of court s costs of This Courts of

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