MARSEILLES HOMEOWNERS CONDO. v. BROADMOOR

No. 2012-CA-1233.

111 So.3d 1099 (2013)

MARSEILLES HOMEOWNERS CONDOMINIUM ASSOCIATION, INC. v. BROADMOOR, L.L.C.

Court of Appeal of Louisiana, Fourth Circuit.

February 27, 2013.


Attorney(s) appearing for the Case

Michael R.C. Riess , Lisa A. Montgomery , Kingsmill Riess, L.L.C., New Orleans, LA, for Plaintiff/Appellant, Third-Party, Broadmoor, L.L.C.

Gregory Fortier Rouchell , Albert Kirk Gasperecz , Adams and Reese, LLP, New Orleans, LA, for Defendant/Appellee, Third-Party, Pella Corporation.

John I. Goodwin , Colliau Elenius Murphy Carluccio Keener & Morrow, Dallas, TX, James L. Pate , Ben Louis Mayeaux , Laborde & Neuner, Lafayette, LA, for Defendant/Appellee, Third-Party, Columbia Casualty Company.

Lawrence J. Boasso , Inabnet & Jones, LLC, Mandeville, LA, Temple A. Stephens , Stephens & Grace, Metairie, LA, for Defendant/Appellee, Third-Party, J.F. Day & Company, Inc.

Seth A. Schmeeckle , Daniel Centner , Lugenbuhl Wheaton Peck Rankin & Hubbard, New Orleans, LA, for Defendant/Appellee, Third-Party, Travelers Lloyds Insurance Company of Dallas, Texas and St. Paul Mercury Insurance Company.

David P. Salley , Peyton C. Lambert , Salley Hite & Mercer, LLC, New Orleans, LA, for Defendant/Appellee, Third-Party, Zurich American Insurance Company.

Kevin R. Tully , H. Carter Marshall , P. Ryan Plummer , Christovich & Kearney, L.L.P., New Orleans, LA, for Defendant/Appellee, Third-Party, Liberty Mutual Insurance Company.

(Court composed of Judge ROLAND L. BELSOME, Judge PAUL A. BONIN, Judge ROSEMARY LEDET).


PAUL A. BONIN, Judge.

Broadmoor, L.L.C., appeals the trial court's sustaining the objection of liberative prescription raised by Pella Corporation, which dismissed with prejudice Broadmoor's third party demand against Pella. Broadmoor also appeals the grant of summary judgment in favor of J.F. Day and Company, Inc., which dismissed with prejudice Broadmoor's third party demand against Day,1 as well as the denial of its own motion for partial...

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