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GUILBEAU v. CUSTOM HOMES BY JIM FUSSELL

No. 2007 CA 1235.

985 So.2d 79 (2008)

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

Court of Appeal of Louisiana, First Circuit.

February 8, 2008.

Attorney(s) appearing for the Case

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

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

Before GAIDRY, McDONALD, and McCLENDON, JJ.

GAIDRY, J.

This is an appeal from a summary judgment rendered in favor of a defendant builder, dismissing the plaintiff homeowner's claims under the New Home Warranty Act with prejudice. We affirm.

FACTS AND PROCEDURAL HISTORY

Plaintiffs, John and Stacey Guilbeau, entered in to a contract with defendant, Custom Homes by Jim Fussell, Inc. ("Custom Homes"), to build a house on a lot owned by the Guilbeaus. After occupying the home for a period of time...

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