Bank of the South v. Korner
Also decided on this docket: La. Ct. App. 1st Cir., March 12, 1975 309 So. 2d 804; La. Ct. App. 1st Cir., December 19, 1966 193 So. 2d 94; La., January 15, 1878 30 La. Ann. 213; La., February 15, 1869 21 La. Ann. 111; La. Ct. App. 3d Cir., February 5, 1979 367 So. 2d 1261
Bank of the South v. Korner, 323 So. 2d 197 (La. Ct. App. 1st Cir. 1975).
Opinion text
GULOTTA, Judge (dissenting). I agree with the majority that the record contains inferences of impropriety and I concur with the decision to call the case to the attention of the Attorney General. Nevertheless, the party who initially promoted the unlawful arrangement profits from the decision reached by the majority. The bank has not been afforded the opportunity to develop evidence relating to its knowledge of these negotiations and their unlawful purpose. Furthermore, we have not been briefed on whether the bank as the assignee has any greater right than Korner has under the circumstances of the instant case. The basis upon which the majority has reached its decision has not been argued, either in brief or orally. I dissent from the reversal of the trial court’s decision without affording opportunity for re-argument or for possible remand, if on rehearing, a remand is deemed proper.