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DOTD v. LATIOLAIS

No. 95-1441.

690 So.2d 66 (1996)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION & DEVELOPMENT, Plaintiff—Appellee, v. Albert LATIOLAIS, et ux., Defendants—Appellants.

Court of Appeal of Louisiana, Third Circuit.

Opinions Granting Rehearing December 27, 1996 and March 31, 1997.

Writ Denied April 25, 1997.

Attorney(s) appearing for the Case

Ronald Joseph Bertrand, Frederick John Fuselier, Bernard Louis Malone Jr., Baton Rouge, for State of Louisiana DOTD.

Robert Elton Arceneaux, Gail Nick Wise, New Orleans, Edgar G. Mouton Jr., Warren D. Rush, Lafayette, Travis L. Bourgeois, Hansel M. Harlan, New Orleans, for Albert J. Latiolais & Lizzie H. Latiolais.

Before KNOLL, WOODARD and PETERS, JJ.

PETERS, Judge.

We visit this expropriation case on appeal for the second time by Albert Latiolais and his wife, Lizzie H. Latiolais. The Latiolaises own immovable property which is the subject of an expropriation proceeding instituted by the Louisiana Department of Transportation and Development (DOTD). By judgment signed on June 12, 1991, the trial court awarded Mr. and Mrs. Latiolais $347,556.00, less $219,352.00 previously deposited by DOTD in the registry of the...

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