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FULMER v. STATE, DEPT., WILDLIFE, FISHERIES

No. 2010-CA-0088.

50 So.3d 843 (2010)

Desi FULMER v. STATE of Louisiana, DEPARTMENT OF WILDLIFE AND FISHERIES and Gary Pierce.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 22, 2010.

Attorney(s) appearing for the Case

Richard A. Tonry, Michael C. Ginart, Jr., Kim C. Jones, Cullen A. Tonry, Joyce D. Young, Law Office of Tonry & Ginart, LLC, Chalmette, LA, for Plaintiff/Appellant, Desi Fulmer.

James D. "Buddy" Caldwell, Attorney General, Henry S. Provosty, Lena D. Giangrosso, Pprovosty & Gankendorff, L.L.C., New Orleans, LA, for Defendants/Appellees, State of Louisiana, Department of Wildlife & Fisheries and Gary Price.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III, Judge DENNIS R. BAGNERIS, SR., Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE, Judge MAX N. TOBIAS, JR., Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD, Judge ROLAND L. BELSOME, Judge PAUL A. BONIN).

DAVID S. GORBATY, Judge.

In this appeal, plaintiff asserts that the trial court erred in granting defendants' exception of no cause of action. Because we conclude that Kuebel was incorrectly decided, we overrule Kuebel, reverse the trial court's judgment on the state's exception, and remand the matter to the trial court for further proceedings. We explain our decision below.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Desi Fulmer...

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