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Green v. City of Shreveport

10/27/2004

case has a legal interest in the subject matter of the litigation. Sustainable Forests, L.L.C. v. Harrison, 37,152 (La. App. 2d Cir. 5/22/03), 846 So. 2d 1283. The exception may be filed or reurged by appellee at the court of appeal. La. C.C.P. art. 2163 and Senn v. Board of Sup'rs of Louisiana State Univ., 28,599 (La. App. 2d Cir. 8/21/96), 679 So. 2d 575, writ denied, 96-2344 (La. 10/25/96), 681 So. 2d 379.


Accordingly, finding the trial court's ruling correct and final that the tutors for the minor plaintiffs abandoned the appeal, we find that Meleria Fitzgerald, the undertutor, has no standing or legal interest to further pursue the appeal on behalf of the minors. The exception of no right of action is granted and the appeal is dismissed.


APPEAL DISMISSED.






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