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YORK v. SUCCESSION OF POLK

No. 07-1539.

983 So.2d 1001 (2008)

Earline YORK, et al. v. SUCCESSION OF Juliette B. POLK, et al.

Court of Appeal of Louisiana, Third Circuit.

May 28, 2008.

Attorney(s) appearing for the Case

Stephen F. Mestayer, Mestayer and Mestayer, New Iberia, LA, for Defendants/Appellees Succession of Juliette B. Polk Zerita Polk DePass.

Carl A. Perkins, Covington, LA, for Plaintiffs/Appellants Earline York, Paulette D. Braud, Pamela Duncan.

Court composed of OSWALD A. DECUIR, MARC T. AMY, and BILLY HOWARD EZELL, Judges.

AMY, Judge.

The plaintiffs filed a petition for nullity of a consent judgment. The trial court dismissed the petition after sustaining peremptory exceptions of no cause of action and prescription. The plaintiffs appeal. For the following reasons, we affirm in part, reverse in part, and remand.

Factual and Procedural Background

Earline York, Paulette Braud, and Pamela Duncan filed a Petition for Nullity of Judgment on October 26, 2006. Through the...

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