Opinion
NO. 2018 CW 1419
04-26-2019
CHAD RICHOUX, STEVEN PORCHE, AUSTIN CANELL AND BLAKE MARTIN v. TERREBONNE PARISH GOVERNMENT, XYZ INSURANCE COMPANY AND DARRYL BULLOCK
In Re: Terrebonne Parish Consolidated Government and Darryl Bullock, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 181766. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED. The trial court's August 31, 2018 order overruling relators', Terrebonne Parish Consolidated Government and Darryl Bullock, peremptory exception of prescription is reversed. La. R.S. 13:850(A) states that "[f]iling shall be deemed complete at the time the facsimile transmission is received by the clerk of court." The facsimile filing attempts of plaintiffs, Chad Richoux, Steven Porche, Austin Canell, and Blake Martin, in this matter did not constitute an interruption of prescription, thus, this matter has prescribed. See Stevenson v. Progressive Security Insurance Company, 2018-1105 (La. App. 1st Cir. 3/25/19), -- So.3d --, 2019 WL 1332909. Therefore, the relators' peremptory exception of prescription is granted, and this matter is dismissed.
VGW
PMc
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT