U.S. Bank National Association as Trustee for RFMSI 2005S7 v. Walter C. Dumas
CourtLouisiana Court of Appeal
Date FiledNovember 6, 2026
Docket2026 CA 0490
StatusUnknown
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Full Opinion
NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
U. S. BANK NATIONAL ASSOCIATION AS
TRUSTEE FOR RFMSI 2005S7
VERSUS
WALTER C. DUMAS
JUDGMENT RENDERED: f 10V
-,, 0 6 2026
Appealed from the Nineteenth Judicial District Court
Parish of East Baton Rouge - State of Louisiana
Docket Number 610504 - Section 22
The Honorable Beau Higginbotham, Presiding Judge
Walter C. Dumas APPELLANT
Baton Rouge, Louisiana DEFENDANT— Pro se
Robert H. Ford COUNSEL FOR APPELLEE
Houston, Texas PLAINTIFF— U. S. Bank National
Association as Trustee for
RFMSI 200557
BEFORE: THERIOT, GREENE, AND EDWARDS, J.T.
EDWARDS, J.
Appellant challenges the district court' s denial of his ( 1) " Emergency Motion
for the Trial [ Court] to Issue Two Separate Judgments" (" emergency motion"); and
2) " Motion to Annull [ sic], Set --
Aside, Vacate the Void Ab Initio February 28, 2022
Amended Final Judgment" (" motion to annul"). For the reasons discussed herein,
we affirm.
This litigation has a long, complex history, including several prior appeals and
writ applications to this court. The following includes the facts relevant to this
appeal, taken in large part from U.S. Bank National Association as Trustee for
RFMSI 2005S7 v. Dumas, 20? 2- 0604 ( La. App. 1 Cir. 4/ 3/ 23), 363 So. 3d 1232,
1234, writ denied, 2023- 00733 1, La. 9/ 26/ 23), 370 So. 3d 478 (" U.S. Bank III").
In March 2012, U. S. Bank National Association as Trustee for RFMSI
200557 (" U. S. Bank") filed a petition to enforce security interest by executory
process (" petition for foreclosure") against Defendant, Walter C. Dumas, alleging
that Dumas defaulted on a promissory note secured by a mortgage on certain
immovable property located in East Baton Rouge Parish. U.S. Bank attached the
original note and a certified copy of the mortgage to its petition for foreclosure!
U.S. Bank National Association v. Dumas, 2012- 1902 ( La. App. 1 Cir. 4/ 3/ 14),
144 So. 3d 29, 33, writ denied, 2014- 0943 ( La. 8/ 25/ 14), 147 So. 3d 1119 (" U.S.
Bank I"). In response to the petition for foreclosure, Dumas filed a petition for
injunction seeking to arrest the seizure and sale of the property and requesting
1 The note was signed by Dumas and was made payable to the order of the " Lender," identified as
Homecomings Financial Network, Inc." The note was indorsed on behalf of Homecomings
Financial with the following notation: " WITHOUT RECOURSE PAY TO THE ORDER OF
RESIDENTIAL FUNDING CORPORATION[.]" Residential Funding subsequently indorsed the
note to " U.S. Bank National Association as Trustee WITHOUT RECOURSE." See U. S. Bank I,
144 So. 3d at 33. The mortgage " secure[ d] to Lender ... the repayment of the Loan" and provided
that Dumas " does hereby mortgage, grant and convey to [ Mortgage Electronic Registration
System, Inc. (" MERS")] ... and to the successors and assigns of MFRS, with power of sale" the
subject property. U.S. Bank I, 144 So. 3d at 33- 34.
4
damages and attorney' s fees. The district court granted Dumas' s petition for
injunction, and U. S. Bank appealed. U. S. Bank I, 144 So. 3d at 32- 33. This court
reversed, determining that U.S. Bank was " the proper plaintiff in this proceeding"
and that it was entitled to proceed via executory process.2 U.S. Bank I, 144 So.3d
at 37, 46.
On April 29, 2020, U. S. Bank filed a motion for summary judgment
Dumas
requesting summary judgment in its favor on its petition for foreclosure.
opposed the motion for summary judgment and filed a peremptory exception raising
the objection of no right of action. U.S. Bank III, 363 So. 3d at 1234. After a
2020:
hearing, the district court signed two judgments on December 10, one
overruling Dumas' s exception raising the objection of no right of action and another
granting U.S. Bank' s motion for summary judgment. U.S. Bank III, 363 So. 3d at
1234. Dumas appealed the judgment granting summary judgment in favor of U.S.
Bank.' U.S. Bank National Association as Trustee for RFMSI 200557 v. Dumas,
2021- 0585 ( La. App. 1 Cir.. 12/ 22/ 21), 340 So. 3d 246, 247 (" U.S. Bank II"). Dumas
also filed an exception raising the objection of prescription directly with this court,
which this court denied. U. S. Bank III, 363 So. 3d at 1234- 35.
On appeal, this court determined the December 10, 2020 judgment was not
final and appealable because the, judgment lacked specificity in the amounts due and
dismissed the appeal. U.S. Bank II, 340 So. 3d at 251. Thereafter, the district court
2 After U.S. Bank I, Dumas filed a second petition for injunction to arrest the seizure and sale of
his property for different reasons. The district court granted that injunction and converted the
matter to ordinary proceedings because " U. S. Bank' s filing did not meet the strict requirements
for sale by executory process." U.S. Bank III, 363 So. 3d at 1234. U. S. Bank did not seek review
of that ruling.
3 Dumas also sought supervisory review of the district court' s judgment overruling his exception
raising the objection of no right of action, and this court declined to exercise its supervisory
jurisdiction over the matter. See U. S, Bank National Association as Trustee for REMSI 200557
v. Dumas, 2020- 1311 ( La. App. 1 Cir. 1/ 28/ 21), 2021 WL 296687 ( unpublished writ action), writs
denied, stay denied sub nom., U.S. Bank National Association as Trustee for RFMSI 200557
v. Dumas, 2021- 00246, 2021- 00245 ( La. 2/ 20/ 21), 311 So. 3d 351, 352.
K
signed an amended judgment on February 28, 2022, granting the motion for
summary judgment and ordering Dumas to pay U.S. Bank the principal sum of
684, 263. 55, accrued interest, and escrow overdrafts, among other amounts. U. S.
Bank 111, 363 So. 3d at 1235. The judgment also ordered that the mortgage securing
the described debt in favor of U. S. Bank be recognized and declared enforceable in
accordance with the law and with preference and priority over all inferior
encumbrances to the property. Dumas then appealed the February 28, 2022 amended
judgment, raising several assignments of error, one of which challenged the district
court' s judgment overruling his exception raising the objection of no right of action.
U. S. Bank 111, 363 So. 3d at 1235.
On appeal, this court affirmed the district court' s judgment granting summary
judgment in U.S. Bank' s favor. U.S. Bank 111, 363 So. 3d at 1240. As to Dumas' s
argument regarding his exception raising the objection of no right of action, this
court stated, in pertinent part:
W] e find no merit to Mr. Dumas' s argument that U.S. Bank has no
right of action to enforce the note. The issue of whether U.S. Bank was
the proper plaintiff was previously determined in the 2012 appeal in
this case, where this Court concluded that U.S. Bank has the right to
enforce the instrument. This Court' s finding constitutes law ofthe case.
U. S. Bank 111, 363 So. 3d at 1. 239 ( citing U.S. Bank 1, 144 So. 3d at 45). The
Louisiana Supreme Court denied writs on September 26, 2023. See U.S. Bank 111,
370 So. 3d 478.
Nevertheless, nearly two years later, on September 16, 2025, Dumas filed a
motion to annul the February 28,, 2022 amended judgment. Dumas asserted that the
February 28, 2022 amended judgment, which was affirmed by this court on appeal
in U.S. Bank 111, should be annulled because U. S. Bank was not a corporation
authorized to do business in East Baton Rouge Parish as it asserted in its petition for
foreclosure. Therefore, Dumas argued that U.S. Bank is an unincorporated
II
association and that U.S. Bank must be represented in this litigation by its president
or authorized officer pursuant to Louisiana Code of Civil Procedure article 689.4
U.S. Bank filed an opposition to the motion to annul. Therein, U.S. Bank
urged the district court to deny, the motion to annul because Dumas attempted to
dismiss the lawsuit for lack of legal capacity, right, or authority to pursue foreclosure
on at least four prior occasions. U. S. Bank also noted that the basis for Dumas' s
motion to annul is not grounds for nullity ofjudgment under Louisiana Code of Civil
Procedure article 2001, et ,sect.
Dumas also filed the emergency motion in May 2024. The emergency motion
concerned the district court' s April 30, 2024 judgment, which disposed of two
separate motions following a March 18, 2024 hearing: ( 1) Dumas' s " Petition for
Injunction to Arrest Seizure and Sale of Immovable Property with Stay Order, to
Dismiss Writ of Fieri Facias, Damages, and Attorney Fees" (" 2023 petition for
injunction" )5; and ( 2) U. S. Bank' s " Peremptory Exception of No Cause of Action"
filed in response to a 2023 petition for nullity' ( which is a different pleading than
the motion to annul currently before this court on appeal) filed by Dumas. The April
30, 2024 judgment denied and dismissed Dumas' s 2023 petition for injunction with
prejudice, sustained U.S. Bank' s exception, and dismissed Dumas' s 2023 petition
4 Louisiana Code of Civil Procedure article 689 states, " An unincorporated association has the
procedural capacity to sue to enforce its rights in its own name, and appears through and is
represented by its president or other authorized officer."
s In accordance with Louisiana Code of Civil Procedure articles 2127 and 2128, Dumas designated
portions of the record to constitute the record on appeal. See also Uniform Rules, Courts of
Appeal, Rules 2- 1 to 2- 1. 16. The 2023 petition for injunction is not included in the designated
record.
6 Dumas' s 2023 petition for nullity was based on his assertion that the February 28, 2022 amended
judgment was obtained by fraud and/ or ill practices because ( 1) U. S. Bank " was not a foreign or
domestic corporation when it filed [ s] uit" and ( 2) the legal description of the immovable property
in the amended judgment did not match the property description on the 2021 " Notarial Act of
Correction" to the mortgage.
5
for nullity with prejudice.' In Dumas' s emergency motion, he urged the district court
to vacate the April 30, 2024 judgment and to issue two separate judgments in its
place, one for each ruling memorialized in the April 30, 2024 judgment. According
to Dumas, the motions disposed of in the April 30, 2024 judgment had differing
captions ( though filed in the same district court docket number), thereby creating
two separate cases, and " signing only one judgment ... has limited post -trial relief
available to Walter C. Dumas."
U.S. Bank opposed the emergency motion, arguing that "[ t] he fact that
Dumas— on his own volition and without obtaining leave of court— reversed the
order of the parties' names [ in the caption on his petition for nullity] is immaterial
and insufficient to create a ` separate case."'
The district court held a hearing on the emergency motion and the motion to
annul on November 3, 2025. Neither party offered or introduced any evidence into
the record at the hearing. The district court ultimately denied both motions from
the bench and ordered a judgment to be prepared and circulated. The district court
signed a judgment denying both motions on December 11, 2025. 8 It is from this
December 11, 2025 judgment Dumas now appeals.
JURISDICTION
On May 8, 2026, this court issued a rule to show cause as to whether this
appeal should be dismissed.' ' specifically, this court noted that the judgment on
appeal appears to be an interlocutory, non -appealable ruling. In their show cause
The April 30, 2024 judgment also vacated and dismissed the November 29, 2022 injunction
prohibiting the sale of the property.
s The district court' s December 11, 2025 judgment also denied Dumas' s motion to dismiss U.S.
Bank' s opposition to his motion to annul. Nevertheless, Dumas does not assign error to the denial
of the motion to dismiss, and as such, it is not addressed in this opinion.
The show cause order incorrectly identifies the judgment on appeal as the " February 11, 2025"
judgment.
P
briefs, both parties contend the December 11, 2025 judgment is interlocutory and
not appealable. We disagree.
This court' s appellate jurisdiction only extends to final judgments. Jones v.
Fogg, 2024- 1048 ( La. App. 1 Cir. 5/ 30/25), 413 So. 3d 580, 583, writ denied, 2025-
01069 ( La. 11/ 19/ 25), 420 So. 3d 1186. A final judgment determines the merits in
whole or in part, while an interlocutory judgment does not determine the merits, but
only preliminary matters in the course of the action. See La. C. C. P. art. 1841. 10 A
final judgment is appealable in all causes in which appeals are given by law. La.
C. C. P. art. 2083( A). In contrast, an interlocutory judgment is appealable only when
expressly provided by law. La. C. C. P. art. 2083( C).
Dumas' s motion to annul does not explicitly state any recognized basis under
Louisiana Code of Civil Procedure article 2001, et seq. for nullity of a final
judgment. Nevertheless, at the hearing on his motion to annul, Dumas repeatedly
stated that the district court did not have jurisdiction over U.S. Bank' s suit because
U.S. Bank allegedly was not a corporation and was not properly represented in the
district court proceedings.
10 2026 La. Acts, No. 127, § 1 ( eff. Aug. 1, 2026) amended and reenacted Louisiana Code of Civil
Procedure articles 1841 and 2083( 13). Louisiana Code of Civil Procedure article 1841( 13) and ( C)
now provides:
13)( 1) A judgment that determines the merits in whole is a final judgment.
2) A judgment that determines the merits in part may be a partial final judgment
in accordance with Article 11) 15( A) or an interlocutory judgment in accordance
with Article 1915( C).
C) A judgment that does not «Jetermine the merits but determines only preliminary
matters in the course of the action is an interlocutory judgment.
Louisiana Code of Civil Procedure article 2083( A) and ( 13) now provides:
A) A final judgment is appeallable in all causes in which appeals are given by law,
whether rendered after hearing, by default, or by reformation under Article 1814.
13) A partial final judgment rendered in accordance with Article 1915( A) is
appealable in all causes in which appeals are given by law. Other partial final
judgments are appealable only; when expressly provided by law.
7
A judgment rendered by a district court that did not have jurisdiction over the
subject matter of the suit may -be annulled for vices of form. See La. C. C. P. art.
2002( A)( 3). A vice of form renders the judgment an absolute nullity. In re J.E.T.,
2016- 0384 ( La. App. I Cir. 10/ 31/ 16), 211 So. 3d 575, 581. Absolute nullities may
be asserted at any time, in a collateral proceeding, and before any court. See La.
C. C. P. art. 2002( B); In re J.E. T., 211 So. 3d at 581. It is well- settled that an
absolutely null judgment may be collaterally attacked by any procedural means,
including a contradictory motion or rule. See In re J.E. T., 211 So. 3d at 581.
Although a judgment that denies a motion is inherently interlocutory, subject only
to discretionary review by appellate courts through their supervisory jurisdiction, see
Jones, 413 So. 3d at 583, when the judgment denying the motion to annul disposes
of all remaining issues between the parties, the judgment should be considered a
final appealable judgment, see Succession of Cotaya, 2024- 38 ( La. App. 5 Cir.
12/ 5/ 24), 409 So. 3d 860, 864--65. See also La. C. C. P. art. 1841; Bennett v.
Laperouse and Son, Ltd., 2009- 1099 ( La. App. I Cir. 2/ 12/ 10), 35 So. 3d 364, 366
holding the denial of a motion to enforce settlement agreement was a final and
appealable judgment because the judgment disposed of all remaining issues in the
case and thereby concluded the litigation).
In this case, the December 11, 2025 judgment determined the merits of
Dumas' s claim that the February 28, 2022 judgment is absolutely null, thereby
concluding the litigation. Accordingly, the ruling is a final judgment over which this
court has appellate jurisdiction. See La. C. C. P. art. 1841. In addition, when an
unrestricted appeal is taken from a final judgment, the appellant is entitled to seek
review of all adverse interlocutory rulings prejudicial to him, in addition to review
of the final judgment appealed. Castro v. Church Mutual Insurance Company,
2025- 0964 ( La. App. I Cir. 6/ 12/ 26), 436 So. 3d 635, 642. Therefore, we also
consider the merits of Dumas' s emergency motion.
DISCUSSION
Motion to Annul
The only remedy available to a party seeking to set aside a final judgment is
for a claim in nullity. In re J.E.T., 211 So. 3d at 581. The nullity of a final judgment
may be demanded for vices of either form or substance. La. C. C. P. art. 2001. A
judgment shall be annulled for vices of form if it is rendered ( 1) against an
incompetent person not represented as required by law; ( 2) against a defendant who
has not been served with process as required by law and who has not waived
objection to jurisdiction, or against whom a valid default judgment as not been taken;
or ( 3) by a court that does not have jurisdiction over the subject matter of the suit.
La. C. C. P. art. 2002( A).
In his motion to annul., Dumas contended that the proceeding was " illegal"
because U.S. Bank " is not a corporation authorized to do business in East Baton
Rouge Parish" and is not personally represented by its " president or an authorized
officer of U. S. Bank." As previously noted, Dumas' s motion to annul can be
construed to be a request that the February 28, 2022 amended judgment be declared
absolutely null pursuant to Louisiana Code of Civil Procedure article 2002( A)(3).
Neither the lack of procedural capacity to file a lawsuit11 nor the failure to state a
right of action equates to a lack of subject matter jurisdiction. Further, Dumas' s
motion to annul cannot be construed to invoke any other vices of form or substance
that would entitle him to have the February 28, 2022 amended judgment nullified.
We find this assignment of error lacks merit.
Dumas waived any objection to U.S. Bank' s lack of procedural capacity. Procedural capacity
to prosecute the claims asserted in the petition is presumed unless challenged by the dilatory
exception raising the objection of lack of procedural capacity. See La. C. C. P. arts. 855 & 926.
Dilatory exceptions must be pleaded prior to or in the answer or prior to or along with the filing of
any pleading seeking any relief (other than certain enumerated instances that do not apply here);
otherwise, they are waived. See La. C. C. P. arts. 926( B) & 928( A); Martin v. Board of
Adjustment, 2024- 0316 ( La. App. 1 Cir. 12/ 6/ 24), 2024 WL 5000147, * 4 ( unpublished). Dumas
filed numerous peremptory exceptions during the course of the litigation but did not raise the
dilatory exception raising the objection of lack of procedural capacity. Therefore, it is waived.
0
Emergency Motion
In his emergency motion. Dumas argues the district court erred by dismissing
both the 2023 petition for injunction and the 2023 petition for nullity in a single
judgment. Dumas filed both the 2023 petition for injunction and the 2023 petition
for nullity in the same district court docket number. However, Dumas captioned the
petition for injunction as " IJ. S. Bank National Association as Trustee for
RFMS12005S7 v. Walter C. Dumas" and captioned the 2023 petition for nullity as
Walter C. Dumas v. U. S. Bank National Association as Trustee for
RFMS12005S7[.]" According to Dumas, his decision to reverse the case caption
created a separate case, requiring two separate judgments for each dismissal.
The 2023 petition for nullity, which contained the reversed caption, was based
on Dumas' s contention that the February 28, 2022 amended judgment should be
annulled for vices of substance, i.e., it is a relative nullity. See Meadows v. Adams,
2018- 1544 ( La. App. I Cir. 11/ 9/ 20), 316 So. 3d 5, 12. Relatively null judgments
must be attacked directly and within the time limitation set forth in Louisiana Code
of Civil Procedure article 2004„ A direct action can be brought by filing a separate
proceeding or by the filing of a pleading in the same proceeding as that in which the
offending judgment was rendered. Meadows, 316 So. 3d at 12. When Dumas filed
his 2023 petition for nullity, he chose to file it in the same proceeding as the
offending" February 28, 2022 amended judgment, which is further demonstrated
by the fact that the same docket number was typewritten on the document. There is
no prohibition against the district court disposing of more than one motion filed in
the same docket number in a single judgment. Therefore, we find no error in the
form of the district court' s April 30, 2024 judgment disposing of both the 2023
petition for nullity and the 2023 petition for injunction. This assignment of error is
without merit.
10
FOX4 IN 01
For the above and foregoing reasons, we affirm the district court' s December
11, 2025 judgment. All Costs Of this appeal are assessed to Appellant, Walter C.
Dumas.
AFFIRMED.
11
STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE FOR RFMSI 2005S7
VERSUS
WALTER C. DUMAS
THERIOT, J., concurring with reasons.
I agree with the majority' s analysis and conclusion with respect to Mr.
Dumas' s assignment of errors raised on appeal. However, I write separately because
I would award damages for the filing of a frivolous appeal under the circumstances
of this case.
An appellate court may award damages for frivolous appeal when there is no
serious legal question, when the appeal is taken solely for the purpose of delay, or
when it is evident that the appellant' s counsel does not seriously believe in the
position advocated. La. C. C. P. at t-. 2164; Lucien v. Carter, 2017- 1069, p. 8 ( La.App.
I Cir. 5/ 31/ 18), 251 So. 3d 540, 545. Reviewing the lengthy history of this litigation,
it is clear that this appeal is yet another attempt by Mr. Dumas to delay the
proceeding and to waste the time and resources of this Court and the opposing party.
Furthermore, Mr. Dumas does not have a serious legal question for this court to
consider. This appeal is unquestionably frivolous. Accordingly, I find that damages
for filing a frivolous appeal are warranted in this case, and I would impose sanctions
for filing a frivolous appeal pursuant to La. C. C. P. art. 2164 and Rule 2- 19 of the
Uniform Rules—Court of Appeal.