SAGNIBENE v. ROY O. MARTIN LUMBER CO., LLC.

No. 10-1331.

68 So.3d 32 (2011)

Angelo SAGNIBENE, et ux. v. ROY O. MARTIN LUMBER CO., LLC.

Court of Appeal of Louisiana, Third Circuit.

June 1, 2011.


Attorney(s) appearing for the Case

James P. Dore , Robert E. Dille , R. Benn Vincent, Jr. , Lyn S. Savoie , Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, L.L.P., Baton Rouge, LA, for Defendant/Appellant, Roy O. Martin Lumber Company, LLC.

Craig L. Kaster , Zachary, LA, for Plaintiffs/Appellees, Angelo Sagnibene, Nolia Dupuis Sagnibene.

Paul D. Spillers , Theus, Grisham, Davis & Leigh, L.L.P., Monroe, LA, for Amicus Curiae, Louisiana Forestry Association.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, JIMMIE C. PETERS, MARC T. AMY and BILLY H. EZELL, Judges.


AMY, Judge.

The plaintiffs sought damages after alleging that the defendant wrongfully cut timber on their property. The defendant reconvened, asserting that it was the rightful owner of the property. The trial court found in favor of the plaintiffs, determining that their title included the tract in dispute and that the defendant did not acquire the property by acquisitive prescription. The trial court awarded statutory damages for the fair market value of the timber...

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