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MT. ZION ASS'N v. MT. ZION CHURCH

2016 CA 0151.

207 So.3d 414 (2016)

MT. ZION BAPTIST ASSOCIATION v. MT. ZION BAPTIST CHURCH #1 OF REVILLETOWN PARK.

Court of Appeal of Louisiana, First Circuit.

October 31, 2016.

Attorney(s) appearing for the Case

C. Jerome D'Aquila , New Roads, Louisiana, and, Marla L. Dickerson , Addis, Louisiana, Counsel for Plaintiff-Appellant, Mt. Zion Baptist Association.

Maurice D. Hall , Plaquemine, Louisiana, Counsel for Defendant-Appellee, Mt. Zion Baptist Church # 1 of Revilletown Park.

F. Barry Marionneaux , F. Charles Marionneaux , Plaquemine, Louisiana, and, David M. Bienvenu, Jr. , Phillip E. Foco , John Allain Viator , Anthony J. Lascaro , Baton Rouge, Louisiana, Counsel for Intervenor-Appellee, Axiall Corporation, Successor in Interest to Georgia Gulf Corporation, and Georgia Gulf Chemicals & Vinyls, LLC, and Georgia Gulf Chemicals & Vinyls, LLC.

BEFORE: HIGGINBOTHAM, THERIOT AND CHUTZ, JJ.

The critical issue in this appeal is whether the plaintiff-appellant, Mount Zion Baptist Association, an unincorporated association (hereinafter "MZBA"), has procedural capacity to prosecute the instant lawsuit. Concluding it did not, the trial court sustained a dilatory exception raising the objection of lack of procedural capacity and...

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