Opinion
NO. 2016 CW 0298
08-24-2016
ASCENSION PROPERTIES, INC. v. TIMOTHY PUJOL
In Re: Timothy Pujol, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 104166. BEFORE: WHIPPLE, C.J., GUIDRY, PETTIGREW, DRAKE AND CHUTZ, JJ.
WRIT GRANTED. Pursuant to a de novo review, we find that defendant Timothy Pujol has met his burden of proving there is no genuine issue as to material fact and that he is entitled to summary judgment as a matter of law. We find that the three-year peremptive period began to run when attorney Ricky Babin failed to properly record the Dation En Paiement in the public records prior to the date Sorrento Lumber Company recorded the money judgment that attached to the property. See Lomont v. Bennett, 2014-2483 (La. 6/30/15), 172 So. 3d 620, 637, cert. denied, 136 S.Ct. 1167, 194 L.Ed. 2d 178 (2016); see also La. R.S. 5606. Thus, when suit was filed against Mr. Babin on October 11, 2011, the malpractice case against Mr. Babin was not perempted. Therefore, defendant Timothy Pujol's failure to file suit against Mr. Babin during the time within which he provided legal representation to Ascension Properties, Inc. ("API") caused no damage. Accordingly, the writ is granted, the February 4, 2016 judgment is reversed, and the motion for summary judgment is hereby granted in favor of defendant Timothy Pujol, dismissing API's suit with prejudice.
WRC
VGW
EGD
Guidry, J., dissents. I find that this matter is not appropriate for summary judgment as a genuine issue of material fact exists as to the date the peremptive period commenced on Ascension Properties, Inc.'s malpractice claim against its first attorney. Pettigrew, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT