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FINOVA CAPITAL CORP. v. SHORT'S PHARMACY

No. 39,642-CA.

904 So.2d 57 (2005)

FINOVA CAPITAL CORPORATION, Plaintiff-Appellant v. SHORT'S PHARMACY, INC., and Martha Womack, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied June 23, 2005.

Attorney(s) appearing for the Case

King, Leblanc & Bland, PLLC by Robert J. Burvant, New Orleans, Smith, Debnam, Narron, Wyche, Saintsing & Myers, by Byron L. Saintsin, for Appellant.

Cotton, Bolton, Hoychick & Doughty, LLP by John B. Hoychick, Rayville, for Appellee.

Before STEWART, MOORE and LOLLEY, JJ.

MOORE, J.

The plaintiff, FINOVA Capital Corp. ("FINOVA") filed suit against Short's Pharmacy, Inc. ("Short's") and its guarantor, Martha Womack ("Womack") on November 7, 2002. Womack answered alleging that she is not personally liable on the guaranty. Short's is out of business and its registered agent for service of process is deceased. It was never served. FINOVA moved for summary judgment, while Short's and Womack filed...

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