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CALUDA REALTY TRUST v. FIFTH BUSINESS

No. 06-CA-608.

948 So.2d 1137 (2006)

KENNETH AND ALLICEN CALUDA REALTY TRUST v. FIFTH BUSINESS L.L.C.

Court of Appeal of Louisiana, Fifth Circuit.

December 27, 2006.

Attorney(s) appearing for the Case

Kelly M. Rabalais, Michael L. Fantaci, LeBlanc Butler, L.L.C., Metairie, LA, for Plaintiff/Appellee.

Roderick Christopher Patrick, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges THOMAS F. DALEY, MARION F. EDWARDS, and WALTER J. ROTHSCHILD.

DALEY, Judge.

The defendant has appealed the trial court judgment in favor of plaintiff in this possessory action. For the reasons that follow, we reverse the judgment of the trial court and remand for further proceedings.

FACTS:

On May 8, 2006, the plaintiff, the Kenneth and Allicen Caluda Realty Trust, (hereinafter the Trust) filed a Petition for Possession against Fifth Business, LLC (hereinafter Fifth Business). This petition...

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