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PAYNE v. GLASS

No. 41,232-CW.

939 So.2d 526 (2006)

Theresa PAYNE, Plaintiff-Applicant v. Libbey GLASS, Defendant-Respondent.

Court of Appeal of Louisiana, Second Circuit.

August 23, 2006.

Attorney(s) appearing for the Case

Lacey P. Wallace, Bossier City, for Applicant.

Eskridge R. Smith, Jr., Bossier City, Linda Lea Smith, Cynthia L. Carroll, for Respondent.

Before GASKINS, PEATROSS and DREW, JJ.

GASKINS, J.

The trial court denied a motion for summary judgment filed on behalf of Theresa Payne. Ms. Payne filed a writ application seeking review of that decision. This court granted the application. For the following reasons, we reverse the trial court decision, grant summary judgment in favor of Ms. Payne, and dismiss the action of nullity filed by Libbey Glass, Inc. We also remand for a determination of Ms. Payne's entitlement to attorney fees.

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