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MOORE v. DUPART

No. 2000-CA-1272.

785 So.2d 207 (2001)

Mary Palmer MOORE v. Wenona Marie Dupart, Wife of/and Wilfred John DUPART, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied June 22, 2001.

Attorney(s) appearing for the Case

Jack E. Morris, Metairie, Counsel for Plaintiff/Appellant.

Ferdinand F. Valteau III, New Orleans, Counsel for Defendant/Appellee.

Court composed of Chief Judge WILLIAM H. BYRNES III, Judge MIRIAM G. WALTZER, Judge MICHAEL E. KIRBY.

KIRBY, Judge.

Plaintiff-Appellant, Mary Palmer Moore, appeals the granting of a Motion for Summary Judgment in favor of Defendants-Appellees, Wenona Marie Dupart and Wilfred John Dupart, Jr., dismissing her redhibition and fraud claims. Upon de novo review, we find that Defendants-Movers did not shift the burden of proof and that genuine issues of material fact remain, thus, a Summary Judgment should not have been issued.

STATEMENT OF THE FACTS...

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