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FOREMAN v. MONTGOMERY

No. 86-888.

517 So.2d 1034 (1987)

Ronald J. FOREMAN Executor of the Succession of J.Y. Foreman, Plaintiff-Appellee, v. J.Y. Boring MONTGOMERY, Jr. Executor of/and the Estate of James Boring Montgomery, Sr. & Michael Montgomery, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

October 7, 1987.

Attorney(s) appearing for the Case

Durio, McGoffin & Stagg, Steven G. Durio, Lafayette, for plaintiff-appellee.

Keaty & Keaty, Robert B. Keaty, Lafayette, for defendant-appellant.

Juneau, Hill, Judice, Hill & Adley, Marc W. Judice, Lafayette, for defendant-appellant.

Barham & Churchill, Mack Barham, New Orleans, for defendant-appellant.

Before FORET, LABORDE and KNOLL, JJ.

KNOLL, Judge.

J. Boring Montgomery, Jr., Executor of the Estate of J. Boring Montgomery, and Michael Montgomery (hereafter Montgomery), appeal an adverse judgment casting them for costs of a jury trial. The final judgment on the merits did not assess costs and provided that costs would be taxed upon motion. Ronald Foreman (hereafter Foreman) initiated a rule to cast Montgomery with costs. After a contradictory hearing the trial court cast Montgomery with all costs...

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