Duplessis Buick-GMC Truck, Inc. VS Michael Chauncey, David Richard, Gretna Used Car Outlet, LLC
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DUPLESSIS BUICK - GMC 2016 NO. INC. TRUCK, CW 0574 VERSUS MICHAEL RICHARD, GRETNA DAVID CHAUNCEY, USED CAR OCT O62016 LLC OUTLET, Michael Re: Chauncey, Judicial In District GUIDRY, BEFORE: IN Parish CRAIN, JJ. DENIED WRIT ORDER; WITH PART 115093. No. Ascension, 23rd writs, supervisory of IN McCLENDON AND McDONALD, PETTIGREW, GRANTED WRIT for applying Court, PART. Ordinarily, the party pleading the exception of prescription bears the if prescription burden of proving the claim has prescribed. However, is evident plaintiff show to 2004 - 0646 ( than more does petition doctrine the its met 3/ 8/ 111 13), that period. See 1774 ( the Practices the time on trial the and 641, his appeal which did 851 portion do were of claims consider not pleaded See address. not So. 2d not 918, the 921. the court' Cir. between LLP, 2006- did Unfair not Trade As a raised for below and State, the 2002is writ 2016 19, April s the prescriptive court v. La. allege perempted. Accordingly, district the not contentions in 420, defendant Johnson or 2013 - 0155 ( Louisiana are not 423 lst Reese, Lastly, that Law Protection So. 2d ten -year Adams & v. 47 - 48. claim a has App. relationship of the application does petition Scheffler courts court 5/ 20/ 03), La. the application So. 2d court appellate 509 La. were that suspended considered, not fiduciary a the 9: 3801 ( 2) ; Consumer and the granted establish 950 writ Further, support district rule, first 2382 ( 352. R. S. La. 359, damages was 2012 - 0220 ( against plaintiff Therefore, that asserted find establish prescription Library, find were or Employee Transfer Corp., The 356, to would v. v. So. 3d 2/ 22/ 07) , La. in which Jordan facts sufficient parties that to the Haygood, fraud they further We facts valentem. showing So. 3d 109 raise of non as injury the 3942. art. sufficient contra Williams 12), general of See 1987); 11/ 2/ allege burden interrupted. La. not Code face, v. We and negligence their date the after Civ. La. on to shifts Carter 1267. 1261, in sounding burden prescribed. not So. 2d prescribed year one See sustained. of claims are the pleadings, has 892 19/ 05), tort Chauncey the of action the 1/ La. plaintiff' s Michael face the on judgment exception Michael Chauncey' s peremptory overruling prescription of prescription reversed, and the exception is sustained. court to La. This matter allow plaintiff attempt Code to Civ. remove P. is the the art. 934. remanded with opportunity grounds In of all instructions to the other amend its objections respects, that the the writ in order herein. is is district petition raised of See denied. JMG JMM WJC Pettigrew and McClendon, and would deny the writ on the COURT OF APPEAL, PUTY FOR CLERK THE FIRST OF CIRCUIT COURT COURT JJ., concur showing made. in part and dissent in part
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