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MELIUS v. KEIFFER

No. 2007-CA-0189.

980 So.2d 167 (2008)

David MELIUS and BCI Properties, L.L.C. v. David KEIFFER, Thomas Milliner and Maple Area Residents, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 9, 2008.

Attorney(s) appearing for the Case

Kyle Schonekas, Thomas M. McEachin, Schonekas, Winsberg, Evans & McGoey, L.L.C., New Orleans, LA, for David Melius and BCI Properties, L.L.C.

Alicia M. Bendana, Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P., James R. Logan, Logan & Soileau, L.L.C., J. Keith Hardie, Jr., New Orleans, LA, for David Keiffer, Thomas Milliner, and Maple Area Residents, Inc.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge TERRI F. LOVE, Judge LEON A. CANNIZZARO, JR.).

TERRI F. LOVE, Judge.

This appeal arises from the trial court's granting of a special motion to strike pursuant to La. C.C.P. art. 971. For the reasons that follow, we find that the trial court did not err and affirm the granting of the motion to strike, as Mr. Melius and BCI failed to sustain their burdens of proof.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

David Melius ("Mr. Melius") and BCI Properties, L.L.C. ("BCI") owned and operated...

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