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GOULAS v. DENBURY MANAGEMENT, INC.

No. 00-935.

774 So.2d 346 (2000)

Russell J. GOULAS, Jr., et al. v. DENBURY MANAGEMENT INC., et al.

Court of Appeal of Louisiana, Third Circuit.

December 6, 2000.

Attorney(s) appearing for the Case

Thomas Robert Shelton, Shelton Law Firm, Lafayette, LA, Counsel for Plaintiff/Appellant, Russell J. Goulas, Jr., et al.

Paul C. Miniclier, New Orleans, LA, Counsel for Defendant/Appellee, Denbury Management.

Jason P. Waguespack, Galloway, Johnson, Tompkins & Burr, New Orleans, LA, Counsel for Defendant/Appellee, C.F. Bean Corp.

John Nickerson Chappuis, Voorhies & Labbe, Lafayette, LA, Counsel for Defendant/Appellee, BLR Construction Co., Inc.

(Court composed of Judge ULYSSES GENE THIBODEAUX, Judge OSWALD A. DECUIR and Judge JIMMIE C. PETERS).

THIBODEAUX, Judge.

Russell J. Goulas, Jr. appeals the trial court's ex parte grant of defendant Denbury Management, Inc.'s peremptory exception of no right of action and dismissal of his cause of action without a contradictory hearing or leave to amend the petition. We find that the trial court abused its discretion in dismissing this case. We, therefore, reverse the judgment and remand for further proceedings.

I.

ISSUE

We shall...

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