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JACOBS v. BALENTINE CARBONDALE HOLDINGS

NO. 2019-CA-0285.

279 So.3d 414 (2019)

Terrence JACOBS, v. BALENTINE CARBONDALE HOLDINGS, LLC.

Court of Appeal of Louisiana, Fourth Circuit.

August 28, 2019.

Attorney(s) appearing for the Case

Yvette Anne D'Aunoy , Rebecca S. Miller , Marianne Garvey , THE MIDDLEBERG RIDDLE GROUP, 909 Poydras Street, Suite 1400, New Orleans, LA 70112, COUNSEL FOR PLAINTIFF/APPELLANT.

Jimmy A. Castex, Jr. , CASTEX ESNARD, L.L.C., 829 Baronne Street, New Orleans, LA 70113, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Judge Edwin A. Lombard, Judge Joy Cossich Lobrano, Judge Sandra Cabrina Jenkins)

JUDGE SANDRA CABRINA JENKINS

On this appeal, Terrence Jacobs challenges the trial court's ruling on the merits of his underlying boundary action decided within its January 25, 2019 judgment following a summary hearing on Jacobs' request for a preliminary injunction. For the reasons that follow, we strike that portion of the judgment addressing the merits of the boundary action, and remand for a trial consistent this with this opinion.

FACTUAL...

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