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Cited by

Opinions in Louisiana that cite Diamond Services Corp. v. Benoit, 780 So. 2d 367.

14 citing documents.

  • Manhattan Place, L.L.C. Versus Rita M. Borne Cpa, LLC La. Ct. App. 5th Cir. 2020
  • Succession of Margery Alaynick Kirschman . La. Ct. App. 4th Cir. 2020
    2/21/01), [a] mortgage is an accessory right which is granted to the creditor over the property of another as security for the debt.
  • Lili Collections, LLC v. Terrebonne Parish Consolidated Government 175 So. 3d 434 La. Ct. App. 1st Cir. 2015
    10:9-101 et seq.; Diamond Services Corp. v. Benoit, 2000-0469 (La.2/21/01), .
  • Cadlerock Joint Ventures Co. v. J. Graves Scaffolding Co. 152 So. 3d 1079 La. Ct. App. 2d Cir. 2014
    Corp. v. Benoit, 2000-0469, p. 17 (La.2/21/01), , 377: Without an act of mortgage, there can be no mortgage note; without a mortgage note, there is no collateral to be pledged; without the pledge of the note, the mortgage is dormant and there is no obligation secured by the mortgage.
  • Nine-O-Five Royal Apartment Hotel, Inc. v. Atkins 151 So. 3d 739 La. Ct. App. 1st Cir. 2014
    Diamond Services Corp. v. Benoit, 00-0469 (La.2/21/01), pp. 6-7, .
  • Edward D. Gutierrez v. David M. Baldridge La. Ct. App. 3d Cir. 2012
    2/21/01), -72 (footnotes omitted).
  • Gutierrez v. Baldridge 105 So. 3d 156 La. Ct. App. 1st Cir. 2012
    Diamond Services Corp. v. Benoit, 00-0469, pp. 5-9 (La.2/21/01), -72 (footnotes omitted).
  • Ellis Const. v. Vieux Carre Resort Propert. 934 So. 2d 206 La. Ct. App. 4th Cir. 2006
    Corp. v. Benoit, 00-0469, p. 6 (La.2/21/01); .
  • Halley v. Buckley 850 So. 2d 950 La. Ct. App. 2d Cir. 2003
    Diamond Services Corp. v. Benoit, 00-0469 (La.02/21/01), .
  • Liberty Bank and Trust Co. v. Dapremont 844 So. 2d 877 La. Ct. App. 4th Cir. 2003
    *885 In Diamond Services Corp. v. Benoit, XXXX-XXXX, pp. 5-8 (La.2/21/01), -72 , the Supreme Court explained collateral mortgages as follows: The collateral mortgage, though now recognized by statute, is a form of conventional mortgage that was developed by Louisiana's practicing lawyers and has long been recognized by Louisiana courts.
  • Breeden v. Cella 832 So. 2d 1072 La. Ct. App. 1st Cir. 2002
    That motion was expressly based on the character of that note, and the “recent changes in the law”' — the Louisiana Supreme Court’s decision in Diamond Services Corp. v. Benoit, 2000-0469 (La.2/21/01), — regarding the enforceability of a collateral mortgage note.
  • Knight v. Magee 835 So. 2d 636 La. Ct. App. 1st Cir. 2002
    3d Cir.12/8/99), , reversed on other grounds, XXXX-XXXX (La.2/21/01), .
  • Hibernia Nat. Bank v. CONTRACTOR'S EQUIP. 804 So. 2d 760 La. Ct. App. 3d Cir. 2001
    The supreme court addressed this very issue in Diamond Services Corp. v. Benoit, 00-469 (La.2/21/01); .
  • Alaska Southern Partners v. Baxley 799 So. 2d 680 La. Ct. App. 2d Cir. 2001
    Very recently, in Diamond Services Corp. v. Benoit, 2000-0469 (La.02/21/01), -78 , the Louisiana Supreme Court reiterated the long-standing law regarding the legal effect of the collateral mortgage note as follows: |oA collateral mortgage note standing alone is virtually meaningless, as it has no intrinsic value and evidences no debt or obligation actually owed by or to anyone.