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SUCCESSION OF LaCROIX

No. 81-C-1755.

407 So.2d 1130 (1981)

Succession of Edna LaCROIX, Widow of Walter F. Poynot.

Supreme Court of Louisiana.

September 18, 1981.

Granted. Judgment of the court of appeal, 400 So.2d 338, is reversed; case remanded to the court of appeal for determination on the merits.

LEMMON, J., concurs. The judgment of the trial court, couched in terms of maintaining an exception of no cause of action, really decided the merits of the motion. Amendment under CCP Art. 934 is not appropriate following a judgment on the merits.

On remand, La.App.,

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