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FRANK v. TRAN

No. 2007-983.

974 So.2d 861 (2008)

Melton FRANK d/b/a Frank Building and Remodeling v. Bill TRAN.

Court of Appeal of Louisiana, Third Circuit.

January 30, 2008.

Attorney(s) appearing for the Case

Steve Gunnell, Cassidy & Gunnell, Jennings, LA, for Defendant/Appellee: Jeff Davis Bank & Trust Company.

Timothy O'Dowd, Lake Charles, LA, for Plaintiff/Appellee: Melton Frank.

Blaine A. Doucet, Doucet, Lorio & Moreno, Lake Charles, LA, for Defendant/Appellee: Rick Rion.

Kendrick J. Guidry, Plauche, Smith & Nieset, Lake Charles, LA, for Defendant/Appellee: Charles Duhon.

Melanie Smith Daley, Lake Charles, LA, for Defendant/Appellee: George Jones.

Robert W. Higgason, The Woodlands, TX, for Defendant/Appellant: Bill Tran.

Sera H. Russell, III, Lafayette, LA, for Defendant/Appellant Bill Tran.

Court composed of JOHN D. SAUNDERS, MARC T. AMY, and BILLY HOWARD EZELL, Judges.

AMY, Judge.

The plaintiff home builder alleged that the defendant failed to make the two final payments on the contract entered into for construction of the defendant's home. The defendant filed a reconventional demand relating to what he contends were deviations from the construction contract and/or plans for the home. The trial court granted the plaintiffs motion for summary judgment, awarding the sum due on the contract. The trial court also dismissed the defendant...

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