BONOMO v. LAKE FOREST, INC.

No. 8754.

346 So.2d 358 (1977)

Rose Boe, wife of Charles BONOMO, et al. v. LAKE FOREST, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 7, 1977.


Attorney(s) appearing for the Case

Nathan T. Gisclair, Jr., New Orleans, for relator.

Richard J. Meunier, New Orleans, for respondent.

Before REDMANN, STOULIG and MORIAL, JJ.


REDMANN, Judge.

We granted certiorari on a refusal of summary judgment to dismiss a petitory action because not brought against one "who is in possession or who claims the ownership" of land, La.C.C.P. 3651, on defendant subdivider's representation that it neither possesses nor claims.

On a prior application in this case seeking review of judgment dismissing exceptions we pointed out that the exception of no cause of action could not present defendant...

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