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BOARD OF MASSAGE THERAPY v. FONTENOT

No. CA 04-1525.

901 So.2d 1232 (2005)

LOUISIANA BOARD OF MASSAGE THERAPY v. Rita Rae FONTENOT, DPM, et al.

Court of Appeal of Louisiana, Third Circuit.

May 4, 2005.

Attorney(s) appearing for the Case

Celia R. Cangelosi, Attorney at Law, Baton Rouge, LA, for Plaintiff/Appellee: Louisiana Board of Massage Therapy.

George Jeanmard Tate, Attorney at Law, Abbeville, LA, for Defendant/Appellant: Rita Rae Fontenot.

Court composed of Chief Judge ULYSSES GENE THIBODEAUX and Judges JOHN D. SAUNDERS, and JIMMIE C. PETERS.

SAUNDERS, J.

The appellant, Rita Rae Fontenot, appeals the trial court's decision to dismiss her appeal for failure to timely pay the appeal costs. Finding that the trial court committed an abuse of discretion, we reverse.

FACTS

On May 29, 1998, the Louisiana Board of Massage Therapy (hereinafter referred to as the Board) instituted suit against Rita Rae Fontenot, DPM, and Rita Rae Fontenot d/b/a "Heaven-The Ultimate Day Pampering Spa." The Board...

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