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CAPITAL MANAGEMENT CONSULTANTS v. DUHON

2016 CA 0703, 2016 CA 0704.

227 So.3d 839 (2017)

CAPITAL MANAGEMENT CONSULTANTS, INC., Laura Lee Guarisco, Victor Guarisco, Maria Cedes Guarisco, Elizabeth Mercedes Guarisco and Leah K. McGriff v. Karen DUHON, Donna Peveto, Nelson Tucker, Ltd., Armond A. Duhon, Jamie Elizabeth Tucker Kocher Trustee of JS Tucker Revocable Trust, Marcie Ann Tucker Green Trustee of Men Tucker Revocable Trust, Jamie Elizabeth Tucker Kocher, Individually, Jamie Elizabeth Tucker Kocher co-administratrix of the Succession of James Scott Tucker, Marcie Ann Tucker Green, Individually, Marcie Ann Tucker Green co-administratrix of the Succession of James Scott Tucker and ABC Siding Company of Morgan City, Inc. Capital Management Consultants, Inc. v. Michael Aloise, Jr.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 13, 2017.

Attorney(s) appearing for the Case

Barbara Lane Irwin , Timothy E. Pujol , Gonzales, Louisiana, Henry C. Perret, Jr. , Lafayette, Louisiana And Esther Margriet Langenberg (pro hac vice), Farifax, Virginia, Counsel for Plaintiffs/Appellants Capital Management Consultants, Inc., Laura Lea Guarisco, Leah K. McGriff, Victor Guarisco, Elizabeth Mercedes Guarisco and Maria Cedes Guarisco.

Robert J. Burvant , J. Grant Coleman , Diana J. Masters , New Orleans, Louisiana, Counsel for Defendants/Appellees Marcie Ann Tucker Green and Jamie Elizabeth Kocher, as Administrator Of the Succession of James Scott Tucker, Nelson Tucker, LTD.

David M. Thorguson , Morgan City, Louisiana, Co-Counsel for Defendant/Appellee Nelson Tucker, LTD.

BEFORE: WHIPPLE, C.J., GUIDRY, AND McCLENDON, JJ.

Plaintiffs appeal a judgment that held LSA-R.S. 12:1502 to be the controlling prescriptive/peremptive period as to one of the co-defendants, thereby limiting claims against that co-defendant to a period of three years. For the following reasons, we conclude that the trial court improperly certified the judgment as final under LSA-C...

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