MOSS v. COURY

No. 91-201.

602 So.2d 175 (1992)

William J. MOSS Substituted as John T. Landry. Testamentary Executor for the Succession of William J. Moss, Plaintiff-Appellee, v. A. Sam COURY, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

June 24, 1992.


Attorney(s) appearing for the Case

Hunter & Boland, Gary L. Boland, Baton Rouge, for defendants-appellants.

Brook, Morial, Kenneth A. Goodwin, New Orleans, for plaintiff-appellee.

Before LABORDE, KNOLL and MARCANTEL, JJ.


LABORDE, Judge.

This is a specific performance suit initiated by William J. Moss, plaintiff-appellee, against A. Sam Coury, defendant-appellant. After defendant answered the petition and filed a reconventional demand, plaintiff filed a peremptory exception of no right of action. The trial court granted this exception and dismissed the reconventional demand finding defendant had no interest in the litigation. We reverse and remand.

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