Lentini v. SLM Educ. Credit Fin. Corp.

Full title: BEVERLY M. LENTINI v. SLM EDUCATION CREDIT FINANCE CORPORATION, ET AL.

Court: Court of Appeals of Louisiana, First Circuit

Date published: Apr 8, 2022

2021 CA 1214 (La. Ct. App. Apr. 8, 2022)

Opinion

2021 CA 1214

04-08-2022

BEVERLY M. LENTINI v. SLM EDUCATION CREDIT FINANCE CORPORATION, ET AL.

Beverly M. Lentini Pinson, Alabama Plaintiff/Appellant Pro Se David S. Daly Elliot M. Lonker New Orleans, Louisiana Counsel for Defendants/Appellees Eaton Group Attorneys, LLC, Gregory M. Eaton, J. Marron Monsour, Mia D. Etienne Strong, Paul E. Pendley, and Stacey L Greaud

LANIER, J.

Appealed from the 19^th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Case No. C688630 The Honorable Donald R. Johnson, Judge Presiding

Beverly M. Lentini Pinson, Alabama Plaintiff/Appellant Pro Se

David S. Daly Elliot M. Lonker New Orleans, Louisiana Counsel for Defendants/Appellees Eaton Group Attorneys, LLC, Gregory M. Eaton, J. Marron Monsour, Mia D. Etienne Strong, Paul E. Pendley, and Stacey L Greaud

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

LANIER, J.

Beverly M. Lentini filed suit against Eaton Group Attorneys, LLC and several individually named attorneys for malicious prosecution, alleging that defendants acted maliciously and lacked probable cause in bringing three separate actions against her, on behalf of their client, for alleged unpaid student loans. In response, defendants filed a motion for summary judgment seeking dismissal of Ms. Lentini's claims. Defendants asserted that because Ms. Lentini would not be able to establish a lack of probable cause and malice, her claim of malicious prosecution must be dismissed.

Following a hearing, the district court granted summary judgment in favor of defendants, dismissing Ms. Lentini's claims with prejudice. The court found that Ms. Lentini had, in fact, acknowledged that she signed all three promissory notes in question, that the loans were disbursed, and that the loans had not been repaid. The court further noted that defendant's failure to succeed in the underlying actions did not equate to an absence of probable cause or malice.

Ms. Lentini appealed, asserting that the court erred in granting summary judgment in favor of defendants because genuine issues of material fact exist as to defendants' intent in continuing to pursue the debts despite their inability to prove a proper chain of assignment or produce the original promissory notes. After a thorough review of the law and the evidence before us, we find no error in the judgment. No genuine issue of material fact exists that would preclude the grant of defendants' motion for summary judgment.

Accordingly, and in compliance with Uniform Rules-Louisiana Courts of Appeal, Rule 2-16.2A(2), (5), and (8), we affirm, by summary disposition, the summary judgment granted in favor of Eaton Group Attorneys, LLC, Gregory M. Eaton, J. Marron Monsour, Mia D. Etienne Strong, Paul E. Pendley, and Stacey L. Greaud. We assess all costs associated with this appeal against plaintiff-appellant, Beverly M. Lentini.

AFFIRMED.