BAPTISTE v. SHULER

No. 01-1127.

809 So.2d 1210 (2002)

Philip BAPTISTE v. Eddie SHULER, d/b/a Kamar Publishing Company, Tek Music Publishing.

Court of Appeal of Louisiana, Third Circuit.

March 6, 2002.


Attorney(s) appearing for the Case

Daniel Emile Stretcher, Marcantel, Marcantel, Wall & Pfeiffer, Jennings, LA, for Philip Baptiste.

Robert Michael McHale, Attorney at Law, Lake Charles, LA, for Eddie Shuler and Tek Music Publishing.

Court composed of ULYSSES GENE THIBODEAUX, MARC T. AMY and ELIZABETH A. PICKETT, Judges.


AMY, Judge.

The plaintiff filed suit, alleging that a publishing contract entered into in 1959 should be declared absolutely null due to what he contends was a forged signature. The defendant filed an exception of prescription, which was referred to the merits. The trial court ultimately granted the exception of prescription concluding that the plaintiff sought a declaration of relative nullity rather than an absolute nullity. The plaintiff appeals. For the following...

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