MAPP CONST., LLC v. SOUTHGATE PENTHOUSES

No. 2009 CA 0850.

29 So.3d 548 (2009)

MAPP CONSTRUCTION, LLC v. SOUTHGATE PENTHOUSES, LLC; R.W. Day Development, LLC; Robert W. Day; Janice E. Day; and Lionsway, LLC.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 18, 2009.

Writ Denied February 26, 2010.


Attorney(s) appearing for the Case

Todd Hebert, Jodi Bauer, R. Gray Sexton, Daniel Crocker, Scott E. Frazier, Eric A. Kracht, Baton Rouge, LA, James T. Guglielmo, Opelousas, LA, for Plaintiff/Appellee, MAPP Construction, LLC.

Phillip W. Preis, Charles M. Gordon, Jr., Crystal D. Burkhalter, Caroline D. Preis, Baton Rouge, LA, for Defendants/Appellants, Southgate Penthouses LLC; R.W. Day Development LLC; Robert W. Day; Janice E. Day; and Lionsway LLC.

Before WHIPPLE, HUGHES, and WELCH, JJ.


WHIPPLE, J.

In this suit arising out of a Settlement Agreement and Release and two related promissory notes, defendants appeal from two judgments. The first judgment was rendered following a limited trial and declared the common intent and agreement of the parties with regard to certain language in the Settlement Agreement and Release and one of the promissory notes. The second judgment granted the motion for partial summary judgment filed by plaintiff, MAPP Construction...

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