GALWAY v. PHELPS

No. 85-CA-158.

474 So.2d 1009 (1985)

Joseph David GALWAY v. Mrs. Doryl Dudenhefer, Wife of/and Gerard PHELPS.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied October 21, 1985.


Attorney(s) appearing for the Case

Kendall R. Moses, Kenner, A. Russell Roberts, Perez & Roberts, Metairie, for plaintiff-appellant.

Sally A. Shushan, Sessions, Fishman, Rosenson, Boisfontaine, Nathan & Winn, New Orleans, for defendant-appellee.

Before CHEHARDY, CURRAULT and DUFRESNE, JJ.


CURRAULT, Judge.

This appeal arises from a judgment granting exceptions of no cause of action and res judicata. The exceptions were filed relative to a petition for rescission of a partition and nullity of judgment of judicial sale filed by plaintiff, Joseph David Galway, against defendants, Doryl Dudenhefer, wife of/and Gerard Phelps. We reverse and remand.

Alvin Joseph Galway died on December 7, 1978. He...

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