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BOTANICA PROPERTY PARTNERS v. HODGES

No. 04-CA-1086.

897 So.2d 756 (2005)

BOTANICA PROPERTY PARTNERS, L.L.C. v. HODGES CONSTRUCTION CO., INC., Travelers Insurance Company and Travelers Casualty and Surety Company of America.

Court of Appeal of Louisiana, Fifth Circuit.

February 15, 2005.

Attorney(s) appearing for the Case

David C. Loeb, Daniel E. Zelenka, II, Couhig Partners, LLP, New Orleans, LA, for Plaintiff/Appellee, Botanica Property Partners, LLC.

David J. Krebs, T.A., S. Suzanne Mahoney, Krebs, Farley & Pelleteri, L.L.C., New Orleans, LA, for Defendant/Appellant, Travelers Casualty and Surety Company of America.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY, and CLARENCE E. McMANUS.

THOMAS F. DALEY, Judge.

In this civil appeal, the defendant-appellant, Travelers Casualty and Surety Company of America ("Travelers"), appeals the trial court's granting of plaintiff-appellee's, Botanica Property Partners, L.L.C. ("Botanica"), Motion to Dismiss Without Prejudice.

FACTS:

On April 28, 1998, Botanica and Hodges Construction Co., Inc. ("Hodges") entered into a "Standard Form of Agreement Between Owner and Contractor" for Hodges to serve...

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