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COLEMAN v. BD. OF DIR. OF EASTOVER PROP.

NO. 2023-CA-0233.

372 So.3d 829 (2023)

Bertha COLEMAN, Sarah Cousin, Tyrone Doss, Sterling Doucette, David Gilyot, James Ellis, Diana Hayes, Rodney Lemon, Richard Leon, David Nixon, Augustine Ogbuefi, Charles Williams, Yolanda Dupaty Zeigler, et al. v. The BOARD OF DIRECTORS OF EASTOVER PROPERTY OWNERS ASSOCIATION, Eastover Neighborhood Improvement and Security District, the Golf Club of New Orleans, LLC, Delta Mining, Inc., Eastover Commercial Properties, LLC, a/k/a Eastover Commercial Property, LLC, et al.

Court of Appeal of Louisiana, Fourth Circuit.

September 21, 2023.

Attorney(s) appearing for the Case

Shermin S. Khan , THE KHAN, LAW FIRM, 2714 Canal St., Suite 300, New Orleans, LA 70119, COUNSEL FOR PLAINTIFF/APPELLANT.

Colin D. Sherman , C.E. Sorey, II , (Pro Hac Vice), Brett E. Emmanuel , SHERMAN & LACEY, LLP, 118 N. Royal Street, Suite 702, Mobile, AL 36602, COUNSEL FOR DEFENDANT/APPELLEE, THE BOARD OF DIRECTORS OF EASTOVER PROPERTY OWNERS ASSOCIATION, INC.

Lance B. Williams , McCRANIE SISTRUNK ANZELMO HARDY McDANIEL & WELCH, LLC, 195 Greenbriar Boulevard, Suite 200, Covington, LA 70433, COUNSEL FOR DEFENDANTS/APPELLEES, EASTOVER EXCAVATORS, LLC, UTILITY CONSTRUCTORS, INC., AND BRIERFIELD INSURANCE COMPANY

(Court composed of Judge Daniel L. Dysart, Judge Paula A. Brown, Judge Karen K. Herman).

Judge Daniel L. Dysart

The plaintiffs, Tyrone Doss, Sterling Doucette, David Nixon, and Leon Richard, seek review of the district court's judgment granting an ex parte motion to dismiss on the grounds of abandonment in favor of the defendants, Eastover Excavators, LLC, Utility Constructors, Inc., Brierfield Insurance Company, and the Board of Directors of Eastover Property Owners Association, Inc. For the following reasons, we dismiss this appeal...

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