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HUTCHERSON v. HARVEY SMITH CONST., INC.

No. 2008 CA 1046.

7 So.3d 775 (2009)

Thomas J. and Kathleen F. HUTCHERSON v. HARVEY SMITH CONSTRUCTION, INC. and ABC Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied in Part, Granted in Part March 31, 2009.

Attorney(s) appearing for the Case

Richard B. Ehret, Charlotte Bordenave, New Orleans, LA, for Plaintiffs-Appellees, Thomas J. & Kathleen F. Hutcherson.

Sharon B. Kyle, James L. Hilburn, Nancy A. Richeaux, Baton Rouge, LA, for Defendant-Appellant, Harvey Smith Construction, Inc.

Before CARTER, C.J., WHIPPLE and DOWNING, JJ.

CARTER, C.J.

This is an appeal of a judgment awarding damages pursuant to the Louisiana New Home Warranty Act, LSA-R.S. 9:3141, et seq. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On June 21, 1996, Thomas J. and Kathleen F. Hutcherson purchased a newly constructed house in Baton Rouge from a builder/general contractor, Harvey Smith Construction, Inc. (HSC), for $225,000.00. The...

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