TABARY v. D.H. HOLMES CO., LTD.

No. 86-CA-361.

499 So.2d 1174 (1986)

Walter TABARY, Jr., Robert Tabary, Lloyd Tabary, Jeanette T. de Vezin, and Lorraine T. Curry v. D.H. HOLMES CO., LTD., and Greater Lakeside Corporation, d/b/a Lakeside Shopping Center.

Court of Appeal of Louisiana, Fifth Circuit.

December 8, 1986.


Attorney(s) appearing for the Case

Irwin R. Sanders, Metairie, for plaintiffs-defendants,

Bruce J. Borrello, Metairie, for defendants-appellees.

Before BOWES, GAUDIN and GRISBAUM, JJ.


GAUDIN, Judge.

Appellants filed the instant tort petition in the 24th Judicial District Court, where it was met by an exception of no cause of action. The exception was maintained and the suit dismissed.

We agree with the trial judge in that the petition, as it now stands, does not sufficiently state a cause of action. However, LSA-C.C.P. art. 934 indicates that when the grounds of the objections pleaded by the peremptory exception may be removed by...

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