Opinion
NO. 2013 CW 1744
01-16-2014
BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY v. RONALD W. HOLDEN AND SUSAN REED HOLDEN
In Re: Bayview Loan Servicing, LLC, A Delaware Limited Liability Company, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 136,622.
BEFORE: PETTIGREW, McDONALD AND McCLENDON, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. We grant the writ as to that portion of the trial court's judgment dated September 3, 2013, which denied the exception of improper cumulation filed by the relator, Bayview Loan Servicing, LLC, A Delaware Limited Liability Company; we sustain the exception of improper cumulation and we reverse that part of the judgment. We remand this matter to the district court for further proceedings to sever the reconventional demand filed by respondents, Ronald W. Holden and Susan Reed Holden, in accordance with La. Code Civ. P. art 464, and to assign the reconventional demand a new suit number. Abadie v. Cassidy, 91-0967 (La. 1991), 581 So.2d 657 (per curiam). In all other respects, we deny the writ.
JTP
JMM
PMc
COURT OF APPEAL, FIRST CIRCUIT ____________________________
DEPUTY CLERK OF COURT
FOR THE COURT