FIVE N COMPANY L.L.C. v. STEWART

No. 2002 CA 0181.

850 So.2d 51 (2003)

FIVE N COMPANY, L.L.C. and Phyllis Sandra, as Curator for Peggy Gore Spacie v. Samuel Page STEWART, Joseph Richard Panno, Rally's Hamburgers, Inc. and Washington State Bank.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 13, 2003.


Attorney(s) appearing for the Case

Amy D. Berret, James P. Dore', Baton Rouge, Counsel for Plaintiffs/Appellants University Square, L.L.C., Phyllis Sandra and University House.

Ambrose V. McCall, New Orleans, Counsel for Defendants/Appellees Samuel Page Stewart and Joseph Richard Panno.

Charles A. Schutte, Jr., Baton Rouge, Counsel for Defendant/Appellee Rally's Hamburgers, Inc.

Before: KUHN, DOWNING, and GAIDRY, JJ.


KUHN, J.

Plaintiffs, University Square, L.L.C. ("University Square") and Phyllis Sandra, as curator for Peggy Gore Spacie, appeal two judgments of the trial court. One judgment granted a motion for summary judgment by defendants, Samuel Page Stewart and Joseph Richard Panno, and denied plaintiffs' cross-motion for summary judgment. The other judgment granted a motion for summary judgment in favor of defendant, Rally's Hamburgers, Inc. ("Rally's"), and dismissed plaintiffs...

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