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FRIEL v. LOUISIANA CITIZENS PROPERTY INS.

No. 2011-CA-1032.

85 So.3d 180 (2012)

Daniel FRIEL and Kathryn Friel, et al. v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION.

Court of Appeal of Louisiana, Fourth Circuit.

February 8, 2012.

Attorney(s) appearing for the Case

Scott R. Bickford , Lawrence J. Centola, III , Martzell & Bickford, A.P.C., New Orleans, LA, for Appellants, Daniel & Kathryn Friel, William Callihan and Courtney Gustella.

Scott T. Winstead , Jessica B. Cozart , Sutterfield & Webb, LLC, New Orleans, LA, for Defendant/Appellee, Now Construction.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge TERRI F. LOVE, and Judge ROSEMARY LEDET).

DENNIS R. BAGNERIS, SR., Judge.

The appellants, Daniel and Kathryn Freil, et al, appeal the judgment of the district court granting the appellee's, NOW Construction's (hereinafter "NOW"), peremptory exception of no cause of action and alternatively peremptory exception of prescription. The district court ruled that the appellants cannot maintain a negligence claim or redhibition claim against NOW. For the reasons that follow, we reverse and remand.

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