Moore v. Dupart

h KIRBY, Judge.

Plaintiff-Appellant, Mary Palmer Moore, appeals the granting of a Motion for Summary Judgment in favor of Defendants-Appellees, Wenona Marie Dupart and Wilfred John Dupart, Jr., dismissing her redhibition and fraud claims. Upon de novo review, we find that Defendants-Movers did not shift the burden of proof and that genuine issues of material fact remain, thus, a Summary Judgment should not have been issued.

STATEMENT OF THE FACTS

In or about October or November 1996, Mr. and Mrs. Dupart purchased a residence located at 2735 Havana Street, New Orleans, Louisiana (the “home”) for…