BARABAY PROP. v. BOH BRO. CONSTR., 08-1185 (La. 3/17/09)

PER CURIAM.

Upon defendant's writ application, we granted certiorari in this case. Barabay Prop. Holding Corp. v. Boh Brothers Constr. Co., 08-1185 (La. 10/10/08), 993 So.2d 1270. After hearing oral arguments and reviewing the issues raised by this matter, we conclude that the writ of certiorari was improvidently granted. Accordingly, we recall our order of October 10, 2008, and we deny defendant's application.

WEIMER, J. dissents from the recall of the writ.

KNOLL and VICTORY, JJ., dissent from recalling the writ.