Kelli Showalter wife of/and Shane Showalter VS KPM Construction, L.L.C., and ABC Insurance Company

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KELLI SHOWALTER SHANE SHOWALTER WIFE OF/ AND 2019 NO. CW 0914 VERSUS KPM CONSTRUCTION, ABC INSURANCE In Re: L. L. C. K M Trucking in Inc., 1st CHUTZ, of the exception third -party Continental v. 11/ 9/ 11), Cir. 2/ 17/ 12), La. for Court, supervisory Parish St. of JJ. trial court' s the raising defendant, K June 2019 4, objection M of Trucking and is reversed for the reasons set forth by this court Stewart App. by applying District AND portion the filed peremption Dozer, The denying Q X019 201714010. THERIOT, GRANTED. Inc., Dozer, Judicial No. McDONALD, WRIT and 22nd Tammany, judgment SEP COMPANY writs, BEFORE: AND 82 So. 3d 79 So. 3d Co., Casualty 285, " 1047, Because 2011- 0505 ( Inc., 2011- 2721 denied, writ the of avoidance La. the time period interferes with the running of that time period, relation back of a petition adding a new defendant is not permitted where the time to relate Brener, Alvin 11/ 1/ of a there action, to Savoie & 233 Trucking and the raising defendant, claims 694. LLC' s K Dozer, Inc. M are third- through ( of and Dozer, it by dismissed APPEAL, FIRST PUTY (! LERK' O1P FOR THE CIRCUIT COURT COURT La. App. filed is third -party prejudice. by Naghi 1st of was v. KPM K M filed period. the v. Cir. that naming defendant peremptive Inc., with WRC D the cause Shields establish Therefore, c). also and demand party peremption JMM OF facts applicable MRT COURT the See 919; 2017- 0602 ( third -party a a) against So. 3d undisputed the Trucking LLC, as 1153." art. 17 of objection asserted Construction, because destroys period Inc., The amended expiration the LSA- C. C. P. Associates, 9: 2772( A) ( 1) ( R. S. Further, peremptive. time 6/ 26/ 09), La. So. 3d Construction, La. under 2008- 2527 ( R. is peremptive is nothing for an amended or supplemental petition back 17), after involved period expiration See exception third -party granted, and plaintiff, the KPM

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