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STATE, DEPT. OF TRANSP., DEV. v. HENDERSON

No. 2009 CA 2212.

39 So.3d 739 (2010)

STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. David C. HENDERSON and Diane Doyle Henderson.

Court of Appeal of Louisiana, First Circuit.

May 7, 2010.

Attorney(s) appearing for the Case

Alicia E. Wheeler, Carl B. Duke, Baton Rouge, Louisiana, James Bradford, Covington, Louisiana, D. Stephen Brouillette, for Plaintiff/Appellant, Department of Transportation and Development.

S. Bradley Rhorer, V. Katherine Crumby-Nance, Jason S. Mickenhiem, Julie J. Baxter, Baton Rouge, Louisiana, for Defendants/Appellees, David C. Henderson and Diane Doyle Henderson.

Before DOWNING, GAIDRY, and McCLENDON, JJ.

McCLENDON, J.

Plaintiff, the Louisiana Department of Transportation and Development ("DOTD"), appeals a judgment granting partial summary judgment in favor of the defendants, David and Dianne Henderson ("the Henderson"). For the reasons that follow, we conclude that the certification of the judgment as final and appealable pursuant to LSA-C.C.P. art. 1915(B) was improper, and we dismiss the appeal.

FACTS AND PROCEDURAL HISTORY

In 2004, DOTD sought...

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