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Capitol House Preservation Co. v. Perryman Consultants, Inc.

Citations: 889 So. 2d 312; 2003 La.App. 1 Cir. 1984; 2004 La. App. LEXIS 2580; 2004 WL 2452848Docket: No. 2003 CA 1984

Court: Louisiana Court of Appeal; November 2, 2004; Louisiana; State Appellate Court

Narrative Opinion Summary

The appeal contests the trial court's decision to grant the defendants' exceptions of res judicata. The issues and arguments presented are identical to those in the case of Capitol House Preservation Company, L.L.C. v. Perryman Consultants, Inc., 03-1983, decided by the same court on November 3, 2004. The judgment of the trial court is affirmed based on the reasoning provided in the earlier case. The appellant is responsible for all costs associated with the appeal. Judge Kuhn concurs with the decision, while Judge Parro dissents and provides reasons for his dissent.

Legal Issues Addressed

Application of Res Judicata

Application: The trial court's decision to grant the defendants' exceptions of res judicata is upheld, indicating that the issues and arguments presented have been previously adjudicated.

Reasoning: The appeal contests the trial court's decision to grant the defendants' exceptions of res judicata.

Judicial Concurrence and Dissent

Application: The decision features concurrence and dissent among judges, highlighting the presence of differing judicial opinions within the panel.

Reasoning: Judge Kuhn concurs with the decision, while Judge Parro dissents and provides reasons for his dissent.

Precedent and Case Consistency

Application: The court affirms the trial court's judgment by relying on the reasoning of a previously decided case, demonstrating the application of legal precedent.

Reasoning: The issues and arguments presented are identical to those in the case of Capitol House Preservation Company, L.L.C. v. Perryman Consultants, Inc., 03-1983, decided by the same court on November 3, 2004.