MARKS v. THIRD DIST. VOLUNTEER FIRE DEPT.

No. 13-CA-383.

131 So.3d 1099 (2013)

Roy MARKS v. THIRD DISTRICT VOLUNTEER FIRE DEPARTMENT.

Court of Appeal of Louisiana, Fifth Circuit.

December 30, 2013.


Attorney(s) appearing for the Case

Floyd J. Falcon, Jr. , Daniel L. Avant , Attorneys at Law, Baton Rouge, Louisiana, for Plaintiff/Appellant.

Ralph R. Alexis, III , Attorney at Law, New Orleans, Louisiana for Defendant/Appellee.

Panel composed of Judges SUSAN M. CHEHARDY, MARC E. JOHNSON and STEPHEN J. WINDHORST.


STEPHEN J. WINDHORST, Judge.

Plaintiff, Roy Marks, appeals the trial court's judgment sustaining defendant's peremptory exceptions of no cause of action and no right of action, dismissing his suit with prejudice.

In his petition, Mr. Marks alleged that defendant, the Third District Volunteer Fire Department ("Third District"), is a non-profit corporation organized and existing under the laws of the State of Louisiana, and that it was under contract with Fire...

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