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McCLARY v. SCHIRO

No. 2000 CA 0305.

801 So.2d 398 (2001)

D. McCLARY, Individually and as Natural Tutrix and on Behalf of BLM, TMM and ALM v. Merrill R. SCHIRO.

Court of Appeal of Louisiana, First Circuit.

Writ Denied November 2, 2001.

Attorney(s) appearing for the Case

Randall A. Fish, Lacombe, for Plaintiffs-Appellants D. McClary, individually and as natural tutrix of BLM.

Rainer Lorenz, Covington, William H. Slaughter, III, Metairie, for Defendant-Appellee Merrill R. Schiro, Sr.

Before: PARRO, FITZSIMMONS, and GUIDRY, JJ.

GUIDRY, Judge.

This matter involves the appeal of a judgment granting a motion for judgment notwithstanding the verdict (JNOV) and the conditional granting of a motion for new trial in a case of the alleged sexual abuse of a minor child. Based on the discussion that follows, we reverse.

FACTS AND PROCEDURAL HISTORY

In the latter part of 1991, D. McClary, then Wells, left her husband in Abilene, Texas, and returned to her hometown of Lacombe, Louisiana...

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