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LOZIER v. ESTATE OF ELMER

No. 08-CA-225.

996 So.2d 511 (2008)

Darlene LOZIER v. ESTATE OF William Jay ELMER.

Court of Appeal of Louisiana, Fifth Circuit.

September 30, 2008.

Attorney(s) appearing for the Case

Boolus J. Boohaker, Attorney at Law, Baton Rouge, LA, for Plaintiff/Appellant.

Franz L. Zibilich, Attorney at Law, Metairie, LA, for Defendant/Appellee.

John B. Krentel, Attorney at Law, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges SUSAN M. CHEHARDY, CLARENCE E. McMANUS, and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

Plaintiff, Darlene Lozier, appeals the July 25, 2007 judgment of the trial court granting the exception of res judicata filed by defendant, the Estate of William Jay Elmer ("the Estate"). For the reasons which follow, we reverse the trial court's judgment and remand the case for further proceedings.

FACTS AND PROCEDURAL HISTORY

On October 26, 2001, plaintiff filed a "Petition to Recover Damages for Breach of Contract...

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