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CARRIERE v. BODENHEIMER, JONES, SZWAK

No. 47,186-CW.

120 So.3d 281 (2012)

Larry CARRIERE, II, Plaintiff-Respondent v. BODENHEIMER, JONES, SZWAK, & WINCHELL, L.L.P., David Szwak, and Professional Risk Specialty Group, Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

August 22, 2012.

Attorney(s) appearing for the Case

Allen & Gooch, Lafayette, LA, by Charles M. Kreamer , for Applicants David A. Szwak, Westport Ins. Co., and Bodenheimer, Jones, Szwak & Winchell, L.L.P.

Andrea L. Albert , Mandeville, LA, for Respondent Larry Carriere, II.

Before BROWN, WILLIAMS, STEWART, CARAWAY and SEXTON (Pro Tempore), JJ.

STEWART, J.

In this legal malpractice action, the defendants, David Szwak ("Szwak"), his law firm Bodenheimer, Jones, Szwak, and Winchell, L.L.P., and his insurer, seek supervisory review of the trial court's denial of their exception of peremption. Because the plaintiff, Larry Carriere, II ("Carriere"), did not timely file his legal malpractice action in the proper venue as required by La. R.S. 9:5605, the trial court erred in denying the exception. Therefore, we...

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