LABORDE, Judge.
This suit involves a dispute over a servitude of passage. Defendant, Alton Thorne, appeals an adverse summary judgment granted in favor of plaintiff, Roy J. Norton.
Finding the existence of genuine issues of material fact which must be resolved upon the merits, we reverse and remand this matter to the trial court.
Norton's petition asked 1) for recognition of a servitude of passage across certain real estate,
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