Abadie v. Bolton

Plaintiffs and defendants own adjoining lots, each of which is burdened by a five foot drainage servitude. Plaintiffs filed suit against defendants alleging that defendants are obstructing the natural drainage of the servitude causing damage to plaintiffs’ property. Plaintiffs sought damages and injunctive relief. The trial court sustained defendants’ dilatory exception of improper cumulation of actions and dismissed plaintiffs’ suit after determining any defects in the pleadings could not be removed by amendment. The court of appeal, in an unpublished opinion, affirmed the portion of the…