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3218 MAGAZINE, L.L.C. v. LLOYDS OF LONDON

No. 08-CA-727.

10 So.3d 242 (2009)

3218 MAGAZINE, L.L.C. d/b/a Byblos' Restaurant Mediterranean Fresh, L.L.C. d/b/a Byblos at Lakeside Mall; Byblos Inc. d/b/a Byblos Restaurant v. LLOYDS OF LONDON and Galland General Agency, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

February 25, 2009.

Attorney(s) appearing for the Case

Kim Raines Chatelain, E. John Litchfield, Berrigan, Litchfield, Shonekas, Mann, Traina & Bolner, Attorneys at Law, New Orleans, LA, for Plaintiff/Appellant.

Bruce R. Hoefer, Jr., Shannon Howard-Eldridge Claudia Patricia Santoyo, Adams, Hoefer, Holwadel & Eldridge, L.L.C., Attorneys at Law, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges CLARENCE E. McMANUS, FREDERICKA HOMBERG WICKER, and MADELINE JASMINE.

MADELINE JASMINE, Judge Pro Tempore.

Plaintiff Byblos, Inc. appeals the trial court's judgment granting an Exception of No Right of Action filed by defendant Lloyds of London. For the following reasons, we affirm the judgment sustaining the Exception of No Right of Action, but find that Byblos, Inc. should have been allowed to amend its pleadings as per LSA-C.C.P. art. 934. Accordingly, the judgment is affirmed, as amended...

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