Louisiana Court of Appeal, 2022

Wesley Ledoux, Jr. and Amaris Williams Ledoux v. Stewart Title Guaranty Company, Milestone Title Incorporated and Shea E. Landry

Wesley Ledoux, Jr. and Amaris Williams Ledoux v. Stewart Title Guaranty Company, Milestone Title Incorporated and Shea E. Landry
Louisiana Court of Appeal · Decided November 30, 2022

Wesley Ledoux, Jr. and Amaris Williams Ledoux v. Stewart Title Guaranty Company, Milestone Title Incorporated and Shea E. Landry

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT WESLEY LEDOUX, JR. AND NO. 2022 CW 0920 AMARIS WILLIAMS LEDOUX VERSUS STEWART TITLE GUARANTY COMPANY, MILESTONE TITLE

INCORPORATED AND SHEA E. NOVEMBER 30, 2022 LANDRY In Re: Shea E. Landry, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 166,698.

BEFORE : McCLENDON, THERIOT, CHUTZ, WOLFE, AND HESTER, JJ.

WRIT GRANTED. The trial court’s July 27, 2022 judgment denying the exception of peremption filed by defendant, Shea E.

Landry, is reversed. An action against any notary public for damages occasioned by such notary public in the exercise of the functions of a notary public, whether based upon tort, or breach of contract, or otherwise, arising out of an engagement to provide notarial services shall be filed in all events at the latest within three years from the date of the alleged act, omission, or neglect. La. R.S. 35:200(A). Moreover, this period of limitation is peremptive and may mot be renounced, interrupted, or suspended. La. R.S. 35:200(B). It is undisputed that the act complained of, i.e. the preparation and execution of the act of correction, occurred on January 4, 2010.

Accordingly, the claims set forth in plaintiffs’ petition filed on April 13, 2020 against Shea E. Landry are perempted.

The exception of peremption filed by defendant, Shea E.

Landry, is granted, and the claims asserted by plaintiffs, Wesley Ledoux, Jr. and Amaris Williams: Ledoux, against defendant, Shea E. Landry, are dismissed with prejudice.

PMc MRT WRC EW Hester, J., dissents and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT Asn DEPUTY CLERK OF COURT FOR THE COURT

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