GUIDRY, Judge.
Plaintiff sued, among others, L.P. "Bud" Thibodaux seeking recovery based on various actions arising out of a business arrangement. Motions for summary judgment were filed by both Simon and Thibodaux. Thibodaux's motion was granted on two extraneous issues which Simon did not appeal. Simon's motion was granted on the other issues. Thibodaux appealed. This court reversed the trial court's judgment decreeing as follows:
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