Opinion
NO. 2015 CW 0321
07-07-2015
ZELDA AUSTIN PENCE AS ADMINISTRATRIX ON BEHALF OF THE ESTATE OF EVERINE FRANKLIN AUSTIN v. PAMELA AUSTIN, TODD A. HARRIS AND MELISSA R. HARRIS
In Re: Todd Harris, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 629, 787. BEFORE: WHIPPLE, C.J., PETTIGREW, McDONALD, HIGGINBOTHAM AND CRAIN, JJ.
WRIT DENIED.
VGW
TMH
WJC
Pettigrew and McDonald, JJ., dissent in part. We find that on the face of the petition, the plaintiff's delictual claims have prescribed under the one-year liberative prescriptive period provided by La. Civ. Code art. 34 92. Accordingly, we would reverse that portion of the judgment that denied relator's exception of prescription as to plaintiff's delictual claims, sustain the exception as to these claims, and order the matter remanded to provide plaintiff an opportunity to amend her petition pursuant to La. Code. Civ. P. art. 934. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT