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ORY v. A.V.I. CONST., INC.

No. 03-CA-72.

848 So.2d 115 (2003)

Joan Martin Ory, Wife of/and Ernest J. ORY v. A.V.I. CONSTRUCTION, INC. and ABC Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

May 28, 2003.

Attorney(s) appearing for the Case

Jack E. Morris, Metairie, Louisiana, Counsel for Defendant/Appellant, A.V.I. Construction, Inc.

David C. Loeb, Daniel E. Zelenka, II, Milling Benson Woodward, L.L.P., New Orleans, LA, for Defendant/Appellant, The Homebuilders Association of Greater New Orleans, Inc.

E. Jeffrey Perilloux, LaPlace, LA, for Plaintiffs/Appellees, Joan Martin Ory, Wife of/and Ernest J. Ory.

Panel composed of Judges THOMAS F. DALEY, SUSAN M. CHEHARDY, and CLARENCE E. McMANUS.

THOMAS F. DALEY, Judge.

Appellant, A.V.I. Construction, Inc. (A.V.I.), appeals a judgment against it in favor of plaintiffs Mr. and Mrs. Ernest J. Ory (Orys) for construction defects in their home. On appeal, A.V.I. filed Peremptory Exceptions of No Cause of Action, No Right of Action, and Prescription, arguing that the Orys' exclusive remedy against A.V.I. is under the New Home Warranty Act, LSA-R.S. 9:3141 et seq., and not in redhibition, as the Orys' suit is styled...

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