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LUPIN v. SPENCERSMITH, INC.

No. 02-CA-112.

820 So.2d 1130 (2002)

Arnold M. LUPIN, M.D., v. SPENCERSMITH, INC. and C. Spencer Smith.

Court of Appeal of Louisiana, Fifth Circuit.

May 29, 2002.

Attorney(s) appearing for the Case

Stephen D. Marx, Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, LA, for Plaintiff/Appellee.

Temple A. Stephens, Metairie, LA, for Defendant/Appellant.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY, and MARION F. EDWARDS.

THOMAS F. DALEY, Judge.

Defendants, Spencersmith, Inc. and C. Spenser Smith, appeal the trial court's denial of their Exception of Prescription. We dismiss this appeal because this judgment is not appealable despite the trial court's certification of the judgment under LSA-C.C.P. art. 1915, and remand for further proceedings.

The denial of an Exception of Prescription is an interlocutory judgment that is not appealable...

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