WENDORF REALTY CO., INC. v. CORLEY

No. 7932.

394 So.2d 1256 (1980)

WENDORF REALTY COMPANY, INC., Plaintiff-Appellant, v. Earl CORLEY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 9, 1981.


Attorney(s) appearing for the Case

Gist, Methvin, Hughes & Munsterman, Dorwan G. Vizzier, Alexandria, for plaintiff-appellant.

Charles B. Bice, Winnfield, for defendants-appellees.

Before CULPEPPER, DOMENGEAUX and SWIFT, JJ.


SWIFT, Judge.

For the reasons this day assigned in the companion case of Wendorf, et al. v. Corley, et al., 394 So.2d 1252, the judgment of the district court in our No. 7932 is affirmed in part and reversed in part and accordingly, it is ORDERED, ADJUDGED AND DECREED that there be judgment in our No. 7932 in favor of plaintiff, Wendorf Realty, Inc., and against defendants, Earl Corley and James Delaney, in the sum $350.00 with legal interest thereon from judicial demand until paid and for all costs of this suit, except the expense of the survey, plat and proces verbal of R. B. LaCroix, Registered Land Surveyor, which cost is assessed one-half to plaintiff and one-half to defendants. Otherwise, the judgment is affirmed.

AFFIRMED IN PART, REVERSED IN PART AND RENDERED.

ON APPLICATION FOR REHEARING

PER CURIAM.

In an application for rehearing plaintiffs-appellants have called our attention to the fact that after trial and before rendition of judgment by the trial court defendant, Earl Corley, died and his surviving spouse and universal legatee, Maudie Lee Delaney Corley, has been duly substituted in his place as a defendant herein. Consequently, the decree heretofore rendered by us in the above numbered and entitled suit must be and is hereby amended to substitute Maudie Lee Delaney Corley as a defendant in the place of the deceased defendant, Earl Corley. In all other respects the judgment rendered by this court in this case shall remain as written.


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