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DAVIS v. PROVOST

No. 2007-1519.

980 So.2d 821 (2008)

Troy DAVIS and Cynthia Davis v. Willis PROVOST, Linda Provost, Gerald Sonnier, and Crystal Sonnier.

Court of Appeal of Louisiana, Third Circuit.

April 2, 2008.

Attorney(s) appearing for the Case

Edmond D. Jordan, Brusly, Louisiana, for Plaintiffs/Appellants, Troy Davis and Cynthia Davis.

Elton Heron, Geismar, Louisiana, for Plaintiffs/Appellants, Troy Davis and Cynthia Davis.

Stan Gauthier, II, Kristi Husher Oubre, Jonathan D. Mayeux, Lafayette, Louisiana, for Defendants/Appellee, Gerald Sonnier.

Court composed of JOHN D. SAUNDERS, MICHAEL G. SULLIVAN, and JAMES T. GENOVESE, Judges.

GENOVESE, Judge.

Troy and Cynthia Davis (the Davises) appeal the judgment of the trial court granting Gerald Sonnier (Mr. Sonnier) a right-of-way and passage over property owned by the Davises. For the following reasons, we vacate the judgment of the trial court and remand this matter to the trial court for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

On January 4, 2006, the Davises filed a Petition for Declaratory Judgment

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