Opinion
2023-C-00841
10-31-2023
MICHAEL DRAGO v. MARK WILKS AND INDUSTRIAL MACHINE WORKS, INC.
IN RE: Michael Drago - Applicant Plaintiff; Naomi Clark Drago - Applicant Other; Applying For Writ Of Certiorari, Parish of East Baton Rouge, 19th Judicial District Court Number(s) 631737, Court of Appeal, First Circuit, Number(s) 2022 CA 0005;
Writ application denied.
JLW
SJC
JTG
WJC
JBM
PDG
Hughes, J., concurs and assigns reasons.
Hughes, J., concurring.
I agree that the claim for dividends accruing before the suit was filed is perempted, while noting that the issue of ownership has not been resolved. Although not cited by the court of appeal, upon remand Civil Code Article 1846 appears applicable.