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ROYAL OLDSMOBILE CO. v. HEISLER PROPERTIES

No. 10-CA-152.

58 So.3d 483 (2010)

ROYAL OLDSMOBILE COMPANY, INC. v. HEISLER PROPERTIES, L.L.C.; Succession of William C. Garrett; Debra Garrett Levis and Billie Garrett Semmes, Co-Executrices of the Succession of William C. Garrett; Succession of Frank Dimitri; ABC, Succession Representative of the Succession of Frank P. Dimitri; Josephine Desalvo Dimitri; Succession of Joseph Dimitri; Camella M. Dimitri, Executrix of the Succession of Joseph Dimitri, and Josephine Virga Dimitri.

Court of Appeal of Louisiana, Fifth Circuit.

December 28, 2010.

Attorney(s) appearing for the Case

Frank A. Tessier , Matthew J. Fantaci , Attorneys at Law, New Orleans, LA, for Plaintiff/2nd Appellant.

Henry L. Klein , Leonard L. Levenson , Colleen B. Gannon , Christine W. Helmke , Attorneys at Law, New Orleans, LA, for Defendant/Appellant.

Robert G. Stassi , Attorney at Law, Metairie, LA, for Defendant/Appellee.

Panel composed of Judges FREDERICKA HOMBERG WICKER, JUDE G. GRAVOIS, and MARC E. JOHNSON.

FREDERICKA HOMBERG WICKER, Judge.

This appeal concerns a dispute over contested provisions in a lease agreement—the right of first refusal to purchase the leased property and the exercise of lease renewal options. The original 1977 lease provided for renewal options. It is undisputed that the original lease was recorded but the exercises of renewal options were not. The plaintiff, Royal Oldsmobile Company, Inc. (Royal), originally leased the property from two...

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