Supreme Court of Louisiana, 2014

Duhe v. Lindsey

Duhe v. Lindsey
Supreme Court of Louisiana · Decided January 27, 2014 · Deny, Hughes, Johnson, Weimer
131 So. 3d 62; 2014 WL 464627; 2014 La. LEXIS 266 (Southern Reporter, Third Series)

Duhe v. Lindsey

Opinion of the Court

In re Progressive Paloverde Insurance Co.; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. C, No. 09-10540; to the Court of Appeal, Fourth Circuit, No. 2013-C-1119.

Granted. The judgment of the district court denying the exception of prescription is vacated. The case is remanded to the district court to make a determination as to whether plaintiffs’ October 4, 2012 petition naming Progressive Paloverde Ins. Co. as a defendant relates back to the September 12, 2012 petition naming Progressive Security Ins. Co. as a defendant. See Ray v. Alexandria Mall, 434 So.2d 1083 (La. 1983). The district court should then reconsider the exception of prescription in light of its finding on this issue.

JOHNSON, C.J., and WEIMER and HUGHES, JJ., would deny.

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