KAHL v. LUSTER

Nos. 2011 CA 2332, 2011 CA 2333.

110 So.3d 1101 (2012)

Don KAHL and Maureen Kahl v. Larry LUSTER, Jan Luster and Allstate Insurance Company. Don Kahl and Maureen Kahl v. Frances Borghardt and Liberty Mutual Insurance Company.

Court of Appeal of Louisiana, First Circuit.

December 28, 2012.


Attorney(s) appearing for the Case

John D. Powers , Steven H. Watterson , Baton Rouge, LA, for Plaintiffs/Appellants Don Kahl and Maureen Kahl.

Donald R. Smith , Baton Rouge, LA, for Defendants/Appellees Larry Luster, Jan Luster, and Allstate Insurance Company.

Michael M. Thompson , Baton Rouge, LA, for Defendants/Appellees Frances Borghardt and Liberty Mutual Insurance Company.

Before GAIDRY, McDONALD, and HUGHES, JJ.


McDONALD, J.

In this suit involving the unlawful cutting of foliage without the owners' consent, the plaintiffs Don and Maureen Kahl appeal the trial court's judgment, awarding damages for the unauthorized cutting of thirty-three camellias, and cite three assignments of error. The Kahls contend that the trial court erred in granting summary judgment and motion in limine in favor of the defendants when the court held that the Kahls' camellias were shrubs and not trees...

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