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KAVANAGH v. BOWERS

No. 02-CA-248.

826 So.2d 1165 (2002)

Esther Martiny KAVANAGH, et al. v. Posey R. BOWERS, Jr.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied November 1, 2002.

Attorney(s) appearing for the Case

Anthony V. Ligi, Jr., Metairie, LA, for Posey R. Bowers, Jr., Defendant-Appellant.

Kevin G. Heigle, Daniel R. Martiny, Metairie, LA, for Esther Martiny Kavanagh, et al., Plaintiffs-Appellees.

Panel composed of Judges THOMAS F. DALEY, MARION F. EDWARDS and SUSAN M. CHEHARDY.

SUSAN M. CHEHARDY, Judge.

This is a suit by landowners seeking a legal servitude of passage across defendant's property. Defendant appeals a judgment in favor of plaintiffs. We affirm and remand for decision of other issues.

The suit was filed on July 2, 2001 by Esther Martiny Kavanagh, Cynthia Ann Cole, James Cole, Jr., Wilfred E. Martiny, Gayle Kavanagh Terrell, Patricia A. Kavanagh, Maurice E. Kavanagh, Jr., Maureen Kavanagh O'Connell, and Lloyd Martiny...

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