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SHORT v. OCHELLO

No. 01-CA-1358.

811 So.2d 1009 (2002)

Rosalie Winn Short, Wife of/and Charles R. SHORT v. Louis J. OCHELLO, et al.

Court of Appeal of Louisiana, Fifth Circuit.

February 26, 2002.

Attorney(s) appearing for the Case

Jack E. Morris, Metairie, LA, for Plaintiffs/Appellees Rosalie Winn Short wife of/ and Charles R. Short, Jr.

Kevin K. Gipson, Martin L. Broussard, Jr., Broussard & Associates, New Orleans, LA, for Defendant/Appellee (Louis J. Ochello).

Temple A. Stephens, Neal, Stephens & Grace, Metairie, LA, for Defendant/Appellant (Assurance Company of America).

Leonard A. Young, Kevin J. Christensen, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, LA, for Defendants/Appellees Wal-Tec Inc., Wal-Tec of LA., Inc. James McDaniel & Robert McDaniel.

Thomas M. Richard, Chopin, Wagar, Cole, Richard, Reboul & Kutcher, Mandeville, LA, for Defendant/Appellee (Colony Insurance Company).

William E. Scott, III, Watson, Blanche, Wilson & Posner, Baton Rouge, LA, for Defendant/Appellee (Bituminous Casualty).

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA and WALTER J. ROTHSCHILD.

SOL GOTHARD, Judge.

This is an appeal from the denial of a motion for summary judgment filed by defendant, Assurance Company of America (Assurance). Plaintiffs, Rosalie and Charles Short, filed a motion to dismiss the appeal in this Court. Because we find merit in plaintiffs' motion to dismiss, we hereby dismiss the appeal and remand the matter to the trial court for further proceedings. We further allow Assurance thirty days from the rendition of this decision to...

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