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GUILBEAU v. CUSTOM HOMES BY JIM RUSSELL

No. 2006 CA 0050.

950 So.2d 732 (2006)

John F. GUILBEAU and Stacey K. Guilbeau v. CUSTOM HOMES BY JIM FUSSELL, INC.

Court of Appeal of Louisiana, First Circuit.

November 3, 2006.

Attorney(s) appearing for the Case

Gary M. Cooper, Baton Rouge, Counsel for Plaintiffs/Appellants John F. Guilbeau and Stacey K. Guilbeau.

Robert E. Kerrigan, Jr., Kermit L. Roux, III, New Orleans, Counsel for Defendant/Appellee Custom Homes by Jim Fussell, Inc.

Before: KUHN, GAIDRY, and WELCH, JJ.

GAIDRY, J.

The plaintiffs, John F. Guilbeau and Stacey K. Guilbeau, appeal a summary judgment rendered in favor of the defendant, Custom Homes by Jim Fussell, Inc., dismissing their cause of action for damages under the New Home Warranty Act, La. R.S. 9:3141, et seq. We reverse the trial court's judgment on the procedural basis described below and remand the case to the trial court.

FACTS AND PRIOR PROCEEDINGS...

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