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LEMOINE v. DOWNS

No. 10-1073.

58 So.3d 659 (2011)

Barbara Escude LEMOINE v. Jon Oliver DOWNS.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 20, 2011.

Attorney(s) appearing for the Case

Jerold Edward Knoll , The Knoll Law Firm, LLC, Marksville, LA, for Plaintiff/Appellee, Barbara Escude Lemoine.

Philip H. Boudreaux , Attorney at Law, Lafayette, LA, Rodney M. Rabalais , Attorney at Law, Marksville, LA, for Defendant/Appellant, Jon Oliver Downs.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, and JIMMIE C. PETERS, Judges.

DECUIR, Judge.

Barbara Escude Lemoine sued Jon Oliver Downs seeking to be declared owner of certain immovable property located in Avoyelles Parish. The trial court granted partial summary judgment in Lemoine's favor, and this appeal ensued. For the following reasons, we reverse and render judgment in favor of Downs.

On April 1, 1995, John Lemoine, husband of the plaintiff, Barbara Lemoine, donated the property at issue to Barbara's twelve-year-old unemancipated...

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