Priscilla Mosher and Barry O. Mosher VS Global-Link Logistics, L.L.C. and Wayne Kissenger
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT PRISCILLA 0. MOSHER AND 2014 NO. BARRY CW 1425 MOSHER VERSUS GLOBAL- LINK L. L. C. In AND Re: KISSENGER Insurance Indiana 18th writs, Rouge, KUHN, GUIDRY, WRIT GRANTED. on citation and certified mail. 4/ never validly plaintiff' s 2009, claim three from years was 2, 2010, against Global- Link Livestock, Inc. , denied nom. So. 2d sub 434 default So. 2d to as that the s petition the is 9/ 27/ 02) , Indiana Mosher do so 2, Logistics, 568 the not on matter served, " October the 27, petition, L. L. C. , on June default preliminary ( La. to Hurdle Planting & lst App. Cir. ) , Livestock, writ 334 Inc. , Mut. the one- year his to 2, run 704 period The again. 2011, to prior argument Insurance Company as Indiana it 97) , 11/ 7/ of See obligors . Plaintiff' s petition. naming the purposes prescriptive began June on At signed. was for solidary lst Cir. App. obligors amend back related to the a original merit . failure to occurrence to a Auto. So. 2d Ins. 445. In Company automobile required to a is the the instant from arose waiver claim the both claims the claim in of 1st App. same 29, occurrence, against the Thus, action. v. Cir. claims L. L. C. , 2005 . one from Westerman plaintiff' s Logistics, October arises matter See ( La. case, of of that subject claim. 2001- 2159 Global- Link assert a that of Co. , accident to raise that waiver Kissenger, amounted other ( La. 2010, confirming preliminary L. L. C. , " pending" to because the or judgment longer elapsed timely Insurance was was of filing See Murphy v. a as petition amounts 834 the no solidary without Wayne against wit, June addition, Farm the Logistics, 96- 2629 attempt transaction State was period was litigation to On amended defendant In suit other prescriptive plaintiff' 2010, 2, prescription 38 . any abandoned Hurdle Planting & Global- Link Perkins, 35, 788 `hasten to confirming 566, 786, Kissenger was of entered. Cir. So. 2d 477 5th defendants Global- Link So. 2d June the v. date App. Wayne taken by employment ( La. Drago, the of copy of be cannot 1976) . on interrupting Terrel was certified to as judgment 331 against point, to Murphy v. ( La. Further, this as the when steps JJ. process 12- 718 v. Kissenger the of Therefore, " any against terminated and Drago ineffective are supervisory of West Parish THERIOT, place Landry, 10/ 10/ 85) . served. a defendant' s v. AND service sending and As WELCH arm by to 31, Cir. judgment' to long Collier So. 3d 5th App. Valid See Court, District PETTIGREW, petition 115 10/ 13) , La. a for applying 35876. No. defendant effected Company, Judicial Baton BEFORE: DEC 3 0 41 LOGISTICS, WAYNE and to Mr. Failure Indiana. STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2014 PAGE the For which defendant, trial The suit to amended reasons, name no Indiana suit court is and grant Indiana' s 2 remained 1425 OF 2) pending Insurance Company as a against Indiana are and any claims plaintiff may have We hereby reverse the September 16, prescribed. the above- stated be could CH 2014 exception of judgment of prescription. dismissed. JTP JEW JMG J. , Theriot, default 2010; thereby other any prior v. against to Global- Link triggering 96- 2629 the attempt ( La. The to App. J. , dissents . COURT OF APPEAL, FIRST CIRCUIT Lq,-OA; o—n, a.: D UTY FOR CLERK THE OF COURT COURT was prescriptive their Cir. preliminary signed prescriptive amend 1st confirming LLC one- year 38 . Kuhn, judgment Logistics, obligor. solidary plaintiff' s Perkins, A concurs . period petition. 11/ 7/ 97) , on June period 704 See as 2, to elapsed Terrel So. 2d 35,
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