Opinion
NO. 2015 CW 1977
06-06-2016
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR JP MORGAN MORTGAGE ACQUISITION TRUST 2007-CH3, ASSET PASS-THROUGH CERTIFICATES, SERIES 2007-CH3 v. VICKI SUE KEEN, WIFE OF/AND, CLIFFORD LANE KEEN, JR.
In Re: Deutsche Bank National Trust Company, as Trustee for JP Morgan Acquisition Trust 2007-CH3, Asset Backed Pass-Through Certificates, Series 2007-CH3, applying for rehearing, 22nd Judicial District Court, Parish of St. Tammany, No. 2009-12397. BEFORE: WHIPPLE, C.J., McDONALD, McCLENDON, THERIOT, AND HOLDRIDGE, JJ.
APPLICATION FOR REHEARING DENIED.
PMc
VGW
JMM
THERIOT, J., dissents and would grant the rehearing. HOLDRIDGE, J., dissents. La. C.C.P. article 1973 gives the trial court vast discretion to grant a new trial if it thinks the judgment would result in a miscarriage of justice. Based upon the facts presented, the trial court, in accordance with article 1973 and the discretionary grounds provided therein, found that a new trial was warranted. I do not find that the trial court abused its discretion. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT