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SOUTHERN MARINE SALES, INC. v. MATHERNE

No. 05-CA-181.

915 So.2d 1042 (2005)

SOUTHERN MARINE SALES, INC. v. Roger V. and Barbara B. MATHERNE.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied December 21, 2005.

Attorney(s) appearing for the Case

Timothy S. Marcel, Attorney at Law, Luling, LA, for Appellant, Southern Marine Sales, Inc.

Michael H. Pinkerton, Attorney at Law, New Orleans, LA, for Appellees, Roger V. Matherne and Barbara B. Matherne.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and WALTER J. ROTHSCHILD.

SUSAN M. CHEHARDY, Judge.

In this lawsuit arising out of a commercial lease dispute, the trial judge granted the Mathernes' Motion for Summary Judgment on their Reconventional Demand and awarded judgment in favor of the Mathernes and against Southern Marine Sales("SMS"). For the reasons that follow, we amend in part and affirm as amended.

Facts and Procedural History

On July 1, 2003, the Mathernes, as lessors, entered into a commercial property...

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