ALEXANDER v. DUNN

No. 44,272-CA.

15 So.3d 302 (2009)

Eric ALEXANDER, Raymond Weber, Tamara Alexander, Robert J. Alexander, and Toya Alexander, Plaintiffs-Appellees v. Othell DUNN, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied June 18, 2009.


Attorney(s) appearing for the Case

William A. Jones, Jr., for Appellant.

Culpepper & Carroll, PLLC, by Bobby L. Culpepper, Jonesboro, for Appellees.

Before GASKINS, CARAWAY and DREW, JJ.


DREW, J.

In this appeal, the issue presented is whether a co-owner of standing timber can be liable to his fellow co-owners for treble damages under La. R.S. 3:4278.1 when he sells the timber without the co-owners' consent. We conclude that the punitive "timber trespass" statute is inapplicable against co-owners. Accordingly, we reverse the judgment in part, amend the judgment in part and affirm the judgment as amended; we reject the demand by the appellees for additional...

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