BNO Leasing Corp. v. Mooty

BOUTALL, Judge.

This appeal arises from a judgment sustaining third party defendant’s exception of improper cumulation of actions. We reverse for the reasons which follow.

Appellant is Larry Mooty, the defendant in the principal demand. He has been sued by BNO Leasing Corporation for default under two lease agreements. Defendant-appellant Mooty made a third party demand against Byrne, Rice & Turner and Air Marine Radio, the two firms which were the suppliers of the allegedly defective leased equipment. Prior to trial Byrne, Rice & Turner filed an exception of no cause or right of action, which…