Legal Opinion

Nunez v. Burgos

Louisiana Court of Appeal

Decided March 15, 2017No. 16-CA-568PublishedCited by 1 opinion

1Opinion of the CourtGravois, J.

| t Plaintiff/appellant, Marlen Nunez, appeals the trial court’s June 16, 2016 judgment that granted the motions to dismiss on the ground of abandonment filed by defendants, Continental Casualty Company (“CNA”) and Cesar Burgos. For the following reasons, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

On July 30, 2008, Ms. Nunez filed a petition for damages against Mr. Burgos, alleging that Mr. Burgos breached their partnership agreement regarding the opening of a new restaurant/bar and nightclub. On May 7, 2010, Mr. Burgos filed a third-party demand against CNA. Over the course of the…

2Cases cited14 opinions

Becker v. MontgomerySupreme Court of the United States · 2001
Mathes v. SchwingLouisiana Court of Appeal · 1929
C. C. Elmer Tank Boiler Co. v. Art Cleaner & DyersLouisiana Court of Appeal · 1928
Clark v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 2001
Palmetto Oil Co. v. Bethany Oil & Gas Co.Louisiana Court of Appeal · 1927

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3Cited by1 opinion

Darlene Ward Pellecer, Individually and as Administrator of the Estate of Carlos F. Pellcer, Cynthia Pellecer Keppler, Linda Pellecer Seward, and Bonnie Pellecer Perez v. Werner Co., a Corporation of Delaware, Werner Co. (De), New Werner Holding Co., Inc., New Werner Holding, LLC, New Werner Holding Co., (De) LLC, Sue Ann Silverman Singer, Harold Singer, and 2011 General Pershing, LLCLouisiana Court of Appeal · 2023