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RANDY LANDRY HOMES, LLC v. GIARDINA

No. 2012 CA 1669.

118 So.3d 459 (2013)

RANDY LANDRY HOMES, LLC, v. Benjamin GIARDINA, et al.

Court of Appeal of Louisiana, First Circuit.

June 7, 2013.

Attorney(s) appearing for the Case

Kentley R. Fairchild , Houma, LA, for Plaintiffs/Appellants, Randy Landry Homes, L.L.C.

Nicholas J. Zeringue , Thibodaux, LA, for Defendants/Appellees, Benjamin Giardina and Michelle Giardina.

Before WHIPPLE, C.J., McCLENDON, and HIGGINBOTHAM, JJ.

McCLENDON, J.

This is an appeal of a judgment, sustaining an exception of no right of action in favor of the defendants and dismissing the action of the plaintiff with prejudice. For the reasons that follow, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

On July 24, 2007, Randy Landry Homes, L.L.C. (Landry) and Benjamin Giardina and Michelle Giardina entered into a "Building Contract between Owner and Contractor" for Landry to construct a home...

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