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HERMAN v. TRACAGE DEVELOPMENT, L.L.C.

NO. 2016-CA-0082, NO. 2016-CA-0083.

201 So.3d 935 (2016)

Russ M. HERMAN, Sandra Herman, and The Lengsfield Loft Condominium Owners' Association, Inc. v. TRACAGE DEVELOPMENT, L.L.C., TWI Development L.L.C., Gaienne, L.L.C. and Spectrum Capital, L.L.C. Russ M. Herman, Sandra Herman, and The Lengsfield Loft Condominium Owners' Association, Inc. v. Tracage Development, L.L.C. and Spectrum Capital, L.L.C.

Court of Appeal of Louisiana, Fourth Circuit.

SEPTEMBER 21, 2016.

Attorney(s) appearing for the Case

Richard A. Sherburne, Jr. , The Middleberg Riddle Group, 909 Poydras Street, Suite 1400, New Orleans, LA 70112, COUNSEL FOR THIRD PARTY PLAINTIFF/APPELLANT.

William D. Aaron, Jr. , Aaron & Gianna PLC, 201 St. Charles Avenue, Suite 3800, New Orleans, LA 70170, COUNSEL FOR THIRD PARTY DEFENDANT/APPELLEE.

(Court composed of Judge TERRI F. LOVE, Judge MAX N. TOBIAS, JR., Judge ROSEMARY LEDET).

This appeal involves a claim by a third party plaintiff — Tracage Development, L.L.C. ("Tracage") — against a third party defendant — Joshua Rubenstein. From a judgment granting the third party defendant's special motion to strike under La. C.C.P. art. 971 and peremptory exception of no cause of action...

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