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KEN LAWLER BUILDERS, INC. v. DELANEY

Nos. 39,297-CA, 39,298-CA.

892 So.2d 778 (2005)

KEN LAWLER BUILDERS, INC., Plaintiff-Appellee, v. Cynthia M. DELANEY, et al., Defendants-Appellants. Access.1 Communications Corp., Plaintiff-Appellant, v. Ken Lawler Builders, Inc., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

January 28, 2005.

Attorney(s) appearing for the Case

Larry English, Shreveport, for Appellants, Access.1 Communications.

W. Lake Hearne, Shreveport, for Appellee, Ken Lawler Builders.

George H. Mills, Jr., Shreveport, for Appellees, Delaney and Kittler.

Before BROWN, PEATROSS, and LOLLEY, JJ.

BROWN, C.J.

Plaintiff, Access.1 Communications Corp. ("Access"), devolutively appealed from a summary judgment in favor of defendant, Ken Lawler Builders, Inc. ("Lawler"). While the appeal was pending, Access paid the judgment. Thereafter, this court reversed that part of the summary judgment that accelerated rental payments. Access filed this action to recover the accelerated rentals it had paid. The trial court granted Lawler's exception of no cause of action. We...

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