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SCHINDLER v. BIGGS

No. 2006 CA 0649.

964 So.2d 1049 (2007)

Alice Rooney SCHINDLER v. William H. BIGGS, III.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 17, 2007.

Attorney(s) appearing for the Case

Jeffrey A. Jones, Mandeville, Counsel for Plaintiff/Appellee Alice Rooney Schindler.

F. Sherman Boughton, Jr., Jason M. Bigelow, New Orleans, Counsel for Defendant/Appellant William H. Biggs, III.

Mark D. Higdon, Thomas E. Richards, Covington, Counsel for Intervenor/Appellee Succession of Charles V. Schindler.

Before: C.J. CARTER, KUHN, PETTIGREW, GAIDRY, and WELCH, JJ.

GAIDRY, J.

In this case, defendant appeals a summary judgment rendered against him. We reverse in part and affirm in part.

FACTS AND PROCEDURAL HISTORY

Alice Rooney Schindler filed a petition for writ of attachment and garnishment on November 17, 2003, seeking the return of money fraudulently taken from her by defendant, William H. Biggs, III. The circumstances leading to the petition are as follows. Mrs. Schindler lived with her

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