GIVENS v. SMITH

No. 93-CA-257.

625 So.2d 661 (1993)

Bessie Smith GIVENS and Wilson Smith v. David SMITH and David Fergurson.

Court of Appeal of Louisiana, Fifth Circuit.

October 13, 1993.


Attorney(s) appearing for the Case

Charles W. Fasterling, Metairie, for plaintiff/appellants Bessie Smith Givens and Wilson Smith.

David Fergurson, Baton Rouge, for defendant/appellees David Smith and David Fergurson.

Before GAUDIN, GRISBAUM and CANNELLA, JJ.


CANNELLA, Judge.

Plaintiffs, Bessie Smith Givens and Wilson Smith, appeal from a judgment in a nullity action granting a peremptory exception of no right of action filed by defendants, David Smith and David Fergurson. We reverse as to Bessie and affirm as to Wilson.

On July 28, 1992, plaintiffs filed a petition for nullity of a Judgment of Possession rendered in favor of defendant, David Smith. The petition stated that the judgment was based on false assertions...

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