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CHARLES TOLMAS, INC. v. LEE

No. 05-CA-79.

903 So.2d 661 (2005)

CHARLES TOLMAS, INC., in Liquidation v. Calvin P. LEE, Deceased.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied July 1, 2005.

Attorney(s) appearing for the Case

Stephen D. Marx, Chehardy, Sherman, Ellis, Breslin, Murray, Recile & Griffith, LLP, Metairie, Louisiana, for Plaintiff/Appellant.

Thomas G. Donelon, Metairie, Louisiana, for Defendant/Appellee.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY, and MARION F. EDWARDS.

THOMAS F. DALEY, Judge.

The plaintiff, Charles Tolmas, Inc., in Liquidation, filed a declaratory action against Calvin Lee (hereinafter referred to as Lee), deceased seeking a judgment declaring that Lee had no ownership interests in a certain portion of land. Lee responded with Exceptions of Liberative and/or Acquisitive Prescription and No Cause of Action. The trial court ruled in favor of Lee, finding Lee acquired the property in question by thirty year acquisitive...

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