TABONI EX REL. TABONI v. ESTATE OF LONGO

No. 2000-CA-1043.

803 So.2d 55 (2001)

Catherine TABONI on Behalf of and as Curator of Interdict Joseph TABONI, Jr., a/k/a John Doe v. The ESTATE OF Linda Joyce LONGO and Myrtle Prine Longo.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 29, 2001.

Writ Granted February 22, 2002.


Attorney(s) appearing for the Case

Rene' B. deLaup, New Orleans, Louis J. Leo, Metairie, Counsel for Plaintiff/Appellant.

Max Nathan, Jr., Michael A. Berenson, Sessions & Fishman, L.L.P., New Orleans, Counsel for Defendant/Appellee (Myrtle Prine Longo).

Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge DENNIS R. BAGNERIS, SR.


MURRAY, J.

Plaintiffs, Catherine Taboni and her son, Vincent Taboni, appeal the trial court's judgment dismissing their claim on the basis of an exception of no right of action urged by defendants, Myrtle Prine Longo and the estate of her daughter, Linda Joyce Longo. For the reasons that follow, we affirm.

Catherine Taboni filed the instant lawsuit on November 6, 1997, as curator of her son, Joseph Taboni, Jr., who was comatose at the time, despite the fact...

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