STARNS v. EMMONS

No. 88-C-1575.

538 So.2d 275 (1989)

Donald P. STARNS, Receiver for Leasing Services, Inc. v. Stanley EMMONS, Tommy R. Emmons and Continental Contractors, Inc.

Supreme Court of Louisiana.

January 30, 1989.


Attorney(s) appearing for the Case

Francis T. Moore, Jr., for applicants.

Claude C. Lightfoot, Jr., New Orleans, Roy S. Lilley, Metairie, for respondent.


DIXON, Chief Justice.

This breach of lease action presents the narrow issue of whether the three year liberative prescription of C.C. 3494 prevents recovery of rent arrearages, including late charges and attorney fees based on those arrearages, in an action for breach of lease timely filed under C.C. 3499. At the outset, it is important to note that the parties have taken no evidence in this case. The lower courts denied...

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