MORGAN v. AUDUBON CONST. CORP.

No. 85-CA-307.

485 So.2d 529 (1986)

Wayne MORGAN, d/b/a Yantley Erectors, Inc. v. AUDUBON CONSTRUCTION CORPORATION and Texaco, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

March 10, 1986.


Attorney(s) appearing for the Case

Harry T. Widmann, New Orleans, for Wayne Morgan d/b/a Yantley Erectors, Inc. plaintiff-appellant.

Joseph E. Friend, Dodge, Friend, Wilson & Spedale, New Orleans, for Audubon Const. Corp. and Texaco, defendants-appellees.

Before BOUTALL, CURRAULT and DUFRESNE, JJ.


BOUTALL, Judge.

Plaintiff appeals the dismissal of his suit on exceptions of prescription and no cause of action. At issue is whether the trial court erred in finding that plaintiff's claim for the balance due on a builder's sub-subcontract had prescribed because his lien affidavit was improperly filed and ineffective to preserve his claim.

Texaco, Inc., as owner of the property, contracted with Audubon Construction...

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