DAVID DRIVE ENTER. v. SUBWAY REAL ESTATE

No. 09-CA-634.

23 So.3d 962 (2009)

DAVID DRIVE ENTERPRISES, L.L.C. v. SUBWAY REAL ESTATE CORP., R.J.P. Enterprises, Inc., and State Farm Fire and Casualty Company.

Court of Appeal of Louisiana, Fifth Circuit.

September 29, 2009.


Attorney(s) appearing for the Case

Michael S. Futrell, Metairie, LA, for Appellant.

Richard L. Traina, Seale & Ross, P.L.C., Hammond, LA, for Appellee, David Drive Enterprises, L.L.C.

Kevin C. O'Bryon, New Orleans, LA, Counsel for Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SUSAN M. CHEHARDY, and FREDERICKA HOMBERG WICKER.


SUSAN M. CHEHARDY, Judge.

This matter comes before this Court on plaintiff/appellee's Motion to Dismiss Appeal. For the following reasons, we dismiss this appeal but reserve the parties' right to appeal as allowed by law.

According to appellee's motions before this Court, the trial court decided the issues between the parties upon cross-motions for summary judgment, which were heard and taken under advisement on April 15, 2009. On May 5, 2009, the court granted...

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