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THIBCO INVESTMENTS, LLC v. THIBODEAUX

No. 12-427.

102 So.3d 1043 (2012)

THIBCO INVESTMENTS, LLC v. Robert THIBODEAUX.

Court of Appeal of Louisiana, Third Circuit.

November 7, 2012.

Attorney(s) appearing for the Case

Julius W. Grubbs, Jr. , Haik, Minvielle & Grubbs, LLP, New Iberia, LA, for Defendant/Appellee, Robert Thibodeaux.

Edward J. Milligan, Jr. , J. Brent Barry, LLC, Lafayette, LA, for Plaintiff/Appellant, Thibco Investments, LLC.

Court composed of JOHN D. SAUNDERS, MARC T. AMY, and J. DAVID PAINTER, Judges.

AMY, Judge.

The plaintiff's estate is subject to a servitude of passage. The plaintiff filed suit, seeking to enforce a provision of the servitude requiring the defendant to pay to relocate the servitude and the roadway. The defendant filed exceptions of no right of action and non-joinder of an indispensable party. The trial court granted the exception of no right of action. This appeal follows. For the following reasons, we affirm.

Factual and Procedural...

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