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WELLMAN v. TUFAIL

Nos. 04-CA-656, 04-CA-657.

891 So.2d 106 (2004)

Hebert C. WELLMAN, Jr. and Craig E. Collier v. Mohammad TUFAIL. Craig E. Collier, et al. v. Mohammad Tufail, et al.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied January 19, 2005.

Attorney(s) appearing for the Case

Wayne A. Collier, Slidell, Louisiana, for Plaintiff/Appellee.

Gregory P. Nichols, New Orleans, Louisiana, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SUSAN M. CHEHARDY, and CLARENCE E. McMANUS.

EDWARD A. DUFRESNE, JR., Chief Judge.

This is an appeal by Mohammad Tufail, Cookery N'Orleans Style, Ltd., and New Orleans Cooking, L.L.C., defendants-appellants, from a judgment on a promissory note and lease in favor of Herbert C. Wellman, Jr. and Craig E. Collier, plaintiffs-appellees. Because we find that appellants' peremptory exception of nonjoinder of a party under Code Civ. Pro. Arts. 641 and 642 was improperly denied, we vacate the judgment and remand the...

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