Broussard v. Guidry

KING, Judge.

The issues presented on appeal are whether or not the plaintiff has alleged a cause of action in his second supplemental and amending petition for the partition of a 31.46 arpent tract of land in St. Martin Parish, Louisiana and whether or not the defendant is entitled to damages for a frivolous appeal.

The facts in this case are identical to those discussed when this case was first reported in Broussard v. Guidry, 464 So.2d 36 (La.App. 3 Cir.1985), writ den., 469 So.2d 983 (La.1985). There, it was held that plaintiff’s petition did not state a cause of action to partition a 31.46…