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FLORIDA v. STOKES

No. 2005 CA 2004.

944 So.2d 598 (2006)

Alvin FLORIDA, Jr., Curator for Alvin Florida, Sr. and Elmira Florida v. Deborah STOKES and Ultra Health Services, Inc.

Court of Appeal of Louisiana, First Circuit.

September 20, 2006.

Attorney(s) appearing for the Case

Timothy E. Pujol, Donnie L. Floyd, Prairieville, for Plaintiffs-Appellants Alvin Florida, Jr., Curator for Alvin Florida, and Elmira Florida.

April L. Watson, Baton Rouge, for Defendant-Appellee Ultra Health Services, Inc.

William H. Parker, III, Lafayette, for Defendant-Appellee Deborah Stokes.

Before: PETTIGREW, DOWNING, and HUGHES, JJ.

PETTIGREW, J.

In this action, petitioner filed suit on behalf of a family member seeking recovery for fraudulent acts allegedly committed by an employee of a home health service. Petitioner now appeals from a trial court judgment that dismissed his petition based upon maintenance of a peremptory exception raising the objection of no right of action. We hereby reverse and remand.

FACTS

Petitioner Alvin Florida, Jr. ("Alvin Jr."), "a resident of the...

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