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B & P CONST., INC. v. HAROLD

No. 05-CA-403.

920 So.2d 261 (2005)

B & P CONSTRUCTION, INC. v. Linda Robinson Wife of/and Johnell Vauce HAROLD, J.A. Jack Julius, Jr., Inc., Horizon Realty, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

December 27, 2005.

Attorney(s) appearing for the Case

Scott T. Winstead, Attorney at Law, Metairie, Louisiana, for Defendant/Appellant.

Kyle S. Sclafani, King, LeBlanc & Bland, Attorney at Law, New Orleans, Louisiana, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., CLARENCE E. McMANUS and WALTER J. ROTHSCHILD.

CLARENCE E. McMANUS, Judge.

Defendant, Horizon Realty, Inc., ("Horizon"), appeals from a judgment which dismissed its "Motion for Summary Hearing Regarding Validity of Plaintiff's Materialman's Lien." We find that the judgment at issue is not a final, appealable judgment, and furthermore, that the appeal motion was not timely filed. Accordingly, we dismiss this appeal.

B & P Construction Inc. instituted this proceeding by the filing of a "Petition to Enforce...

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