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CILIBERTI v. MISTRETTA

No. 2003 CA 1559.

879 So.2d 789 (2004)

Louis CILIBERTI, Jr. & Patricia Ciliberti v. Eric MISTRETTA and Nicole Mistretta.

Court of Appeal of Louisiana, First Circuit.

May 14, 2004.

Attorney(s) appearing for the Case

Wade Petite, Gonzales, Counsel for Plaintiffs/Appellees, Louis Ciliberti, Jr. and Patricia Ciliberti.

Andre' Bourgeois, Molly McGraw, Baton Rouge, Counsel for Defendants/Appellants, Eric Mistretta and Nicole Mistretta.

Kevin Landreneau, Baton Rouge, Counsel for Third Party Defendant/Appellee, Bestbuilt Homes.

Before: WHIPPLE, KUHN, and MCDONALD, JJ.

WHIPPLE, J.

This matter is before us on appeal by defendants/third-party plaintiffs, Eric and Nicole Mistretta, from a judgment of the trial court maintaining an exception of prescription filed by Bestbuilt Homes, Inc. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On January 7, 2003, plaintiffs, Louis and Patricia Ciliberti, filed a "Petition for Rescission of Sale and for Damages" seeking to rescind a cash sale entered into...

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