Beverly M. Lentini v. SLM Education Credit Finance Corporation
Beverly M. Lentini v. SLM Education Credit Finance Corporation
Opinion
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.
W4 ,7. e -&. c- Utv s .
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.