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DAIGLE v. MERRILL LYNCH

No. 12-1016.

107 So.3d 901 (2013)

Kimberly Crittenden DAIGLE v. MERRILL LYNCH, Pierce, Fenner & Smith, Inc. and Kenneth Paul Daigle.

Court of Appeal of Louisiana, Third Circuit.

February 6, 2013.

Attorney(s) appearing for the Case

Charles G. Fitzgerald , Cox Fitzgerald, L.L.C., Lafayette, LA, for Defendant/Appellant, Kenneth Paul Daigle.

Gerald H. Schiff , Armistead M. Long , Ashley S. Green , Gordon, Arata, McCollam, Duplantis & Eagan, LLC, Lafayette, LA, for Plaintiff/Appellee, Kimberly Crittenden Daigle.

Court composed of ELIZABETH A. PICKETT, JAMES T. GENOVESE, and SHANNON J. GREMILION, Judges.

GENOVESE, Judge.

Defendant, Kenneth Paul Daigle, appeals the trial court's grant of a motion for partial summary judgment in favor of Plaintiff, Kimberly Crittenden Daigle. Ms. Daigle has answered the appeal, seeking damages for frivolous appeal. For the following reasons, we reverse the trial court's grant of the partial summary judgment and we deny Ms. Daigle's request for damages for frivolous appeal.

FACTS AND PROCEDURAL HISTORY

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