McCARTHY v. E & L DEVELOPMENT, INC.

No. 45,683-CA.

54 So.3d 1143 (2010)

Bryan McCARTHY and Brandee McCarthy, Plaintiffs-Appellees v. E & L DEVELOPMENT, INC., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

November 10, 2010.


Attorney(s) appearing for the Case

Sentell Law Firm by: C. Sherburne Sentell, III , for Appellant.

Ayres, Warren, Shelton & Williams by: J. Todd Benson , for Appellees.

Before BROWN, STEWART and LOLLEY, JJ. STEWART, J.


STEWART, J.

The defendant, E & L Development, Inc., appeals a judgment ordering it to pay the plaintiffs, Bryan and Brandee McCarthy (the "McCarthys"), $25,000 in damages and $15,762.82 in attorney fees and other costs for a redhibitory defect, namely, a natural drain that runs through their backyard and makes the part of the backyard affected by the natural drain unusable for its intended purpose when it rains. Because the McCarthys did not meet the burden of...

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