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BAYOU FLEET PARTNERSHIP v. SAIA

No. 98-CA-306

745 So.2d 629 (1999)

BAYOU FLEET PARTNERSHIP v. Agnes R. SAIA, Dominick M. Saia, Michelle A. Saia, and Lisa M. Saia and Home Place Batture Leasing, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied April 1, 1999.

Attorney(s) appearing for the Case

David J. Motter, Jack M. Capella, Metairie, Louisiana, for defendant-appellant.

J. Mac Morgan, New Orleans, Louisiana, for plaintiff-appellee.

Court composed of Judges H. CHARLES GAUDIN, CHARLES GRISBAUM, Jr. and THOMAS F. DALEY.

GRISBAUM, Judge.

Home Place Batture Leasing, Inc., intervenor-appellant, appeals the trial court's judgment ordering partition by licitation of a commonly owned tract of land. We reverse and remand.

ISSUE

The ultimate issue is whether the property in question should be partitioned in kind or by licitation.

FACTS AND PROCEDURAL HISTORY

In 1993, the plaintiff, Bayou Fleet Partnership (hereinafter Bayou Fleet), purchased...

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