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HEBERT'S HOLDINGS, L.L.C. v. MOUTON

No. 97-1238.

709 So.2d 983 (1998)

HEBERT'S HOLDINGS, L.L.C., Plaintiff-Appellee, v. Welton P. MOUTON, Jr., Defendant/Appellant, John A. Jeansonne, Jr. & Mary Scanlan Jeansonne, Defendants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 28, 1998.

Attorney(s) appearing for the Case

Neil Gregory Vincent, Lafayette, for Hebert's Holdings, L.L.C.

Norman P. Foret, and Welton P. Mouton, Jr., et al., Lafayette, for Welton P. Mouton, Jr., et al.

Before YELVERTON, THIBODEAUX and PETERS, JJ.

YELVERTON, Judge.

This is an appeal from a summary judgment ordering a judicial partition of property by licitation. Hebert's Holding, L.L.C. sued its co-owner in indivision, Welton P. Mouton, Jr. Hebert's Holding moved for summary judgment. The trial judge stated the facts and gave summary judgment for the following reasons:

In the present case, the property is a city lot upon which is located a commercial building. (This is established by the Petition ...

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