BABINEAUX v. THERIOT

No. 84-192.

465 So.2d 290 (1985)

Ernest BABINEAUX, Sr., Plaintiff-Appellant, v. Robert THERIOT, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

March 6, 1985.


Attorney(s) appearing for the Case

Charles E. Bonnett, Breaux Bridge, for plaintiff-appellant.

McHugh & Guidry, Edmond L. Guidry, III, St. Martinville, for defendants-appellees.

Before DOUCET, LABORDE and YELVERTON, JJ.


YELVERTON, Judge.

Ernest Babineaux, Sr., appeals the summary judgment dismissal of his possessory action petition, contending that the trial court erred in concluding that the failure of the summary judgment evidence to establish that he had a real right in the immovable property where the dispute lies, conclusively established that he could not maintain the possessory action. We agree that this was error, because the maintenance of the possessory action does not...

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