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SWOBODA v. SMT PROPERTIES, L.L.C.

No. 42,746-CA.

975 So.2d 691 (2008)

Thomas K. SWOBODA and Karen L. Swoboda, Plaintiff-Appellee, v. SMT PROPERTIES, L.L.C., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied March 13, 2008.

Attorney(s) appearing for the Case

Thomas N. Thompson, Lafayette, for Appellant.

Franklin H. Spruiell, Jr., for Appellee.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

WILLIAMS, J.

The defendant, SMT Properties, L.L.C., appeals a judgment in favor of the plaintiffs, Thomas and Karen Swoboda. The trial court awarded plaintiffs $30,308.28 in damages. For the following reasons, we amend and affirm as amended.

FACTS

In 2002, SMT Properties, L.L.C. ("SMT") began construction of a house on Lot 11 in a new subdivision in Caddo Parish. Kevin Schmidt was the sole member and manager of SMT. The subdivision, known as "Lakeside...

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