Jenkins v. StarnsAnnotate this Case
In 2006, Plaintiff Laurie Jenkins entered into a contract with Chet Medlock for the sale, transfer and delivery of a metal building. The purchase price was to be paid in three equal installments. After the building was completed, issues arose regarding the quality of work. Plaintiff contacted Defendant Larry Starns who wrote a letter to Medlock on her behalf, pointing out several complaints Plaintiff had with the building. Medlock sued Plaintiff for breach of contract; she was personally served. Defendant was in contact with Medlock's attorney, and believed there was an informal agreement for an extension of time to file responsive pleadings. When no answer was filed, Medlock obtained a default judgment against Plaintiff. Plaintiff notified Defendant of the judgment, to which he filed a petition to annul the judgment. Medlock responded arguing insufficiency of service and improper venue. Neither Plaintiff nor Defendant made an appearance at court. The trial court subsequently dismissed Plaintiff's suit. Ultimately the court issued a judgment of garnishment against Plaintiff's bank account. Plaintiff filed suit against her attorney alleging legal malpractice, which she lost. Upon review of the record, the Supreme Court concluded that the trial court and court of appeal erred in applying the "continuous representation rule" to suspend the commencement of the one-year peremptive period in La. R.S. 9:5605 until Defendant's efforts to remedy his negligence had concluded. The court of appeal's judgment was reversed.