TALLEY v. CELESTIN

No. 04-CA-1003.

894 So.2d 389 (2005)

Ray TALLEY v. Jean Bouterie CELESTIN and Felix C. Celestin, Jr., Gene J. Viola, Jr.

Court of Appeal of Louisiana, Fifth Circuit.

January 11, 2005.


Attorney(s) appearing for the Case

J. Patrick Connick, Metairie, Louisiana for Defendant/Appellant.

Richard M. Millet, LaPlace, Louisiana for Defendant/Appellee.

Panel composed of Judges SOL GOTHARD, MARION F. EDWARDS and WALTER J. ROTHSCHILD.


WALTER J. ROTHSCHILD, Judge.

Appellant, Gene J. Viola, Jr., appeals from a summary judgment rendered in favor of Jean and Felix Celestin ordering the release of funds deposited in the registry of the court. For the reasons stated herein, we reverse and remand.

Facts and Procedural History

On October 2, 1997, Gene Viola purchased a home located at 303 Nottoway Drive in Destrehan, Louisiana. On this same date, Mr. Viola signed a promissory note...

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