Beverly M. Lentini v. SLM Education Credit Finance Corporation

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2021 CA 1214

BEVERLY M. LENTINI

VERSUS

SLM EDUCATION CREDIT FINANCE CORPORATION, ET AL.

Judgment Rendered:
APR 0 R 2012

Appealed from the 19" 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 Plaintiff/Appellant
Pinson, Alabama Pro Se

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

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

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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.

1)

Greaud. We assess all costs associated with this appeal against plaintiff-appellant,

Beverly M. Lentini.

AFFIRMED.