ALFORD, Judge.
First Guaranty Bank of Hammond (First Guaranty) appeals, as third-party plaintiff, a judgment sustaining third-party defendants' peremptory exception of prescription.
BACKGROUND
In a prior judicial proceeding in July, 1974, First Guaranty brought an executory proceeding against Reid Allain and his wife seeking to have certain immovable property belonging to the Allains seized and sold. The property was sold with benefit of appraisal at a sheriff's sale on December 4, 1974. First Guaranty purchased the property and later sold it to Charles and Joyce Andrews.
First Guaranty then filed for a deficiency judgment against the Allains. The Allains defended contending that there were defects in the executory process. All legal work relating to the executory process was performed by the law firm of Pittman, Matheny and Moody (Pittman, Matheny). After trial, the trial court denied the request for a deficiency judgment.
INSTANT SUIT
In May, 1980, Mr. Allain, plaintiff, filed suit against defendant, First Guaranty, seeking damages for wrongful seizure of the property. Mr. Allain subsequently amended his petition, naming additional defendants and further seeking a return of the property or its value and attorney's fees. There were a number of incidental actions during 1983 and 1984.
On July 16, 1984, First Guaranty filed a third-party demand against Pittman, Matheny and their legal malpractice insurer, Appalachian Insurance Company (Appalachian). First Guaranty sought to recover from Pittman, Matheny and Appalachian, as third-party defendants, any amounts that it may be held liable for on the main demand or any third-party demand in which it is named a third-party defendant.
Several months later, on October 16, 1984, Pittman, Matheny and Appalachian filed a peremptory exception of prescription against First Guaranty. The trial court sustained the exception of prescription holding that First Guaranty's action against Pittman, Matheny and Appalachian was one in legal malpractice and that a one-year prescriptive period applied. The trial court further held that prescription commenced to run from the filing of the May, 1980, suit against First Guaranty. It is from this ruling that First Guaranty appealed, contending that the third-party demand is an action in indemnity and therefore subject to a ten-year prescriptive period. It also contends that, even if the action is one in legal malpractice, it has not prescribed.
In Cherokee Restaurant, Inc. v. Pierson, 428 So.2d 995, 998 (La.App. 1st Cir. 1983), writ denied, 431 So.2d 773 (La.1983), this court, sitting en banc, stated:
Concerning the applicable prescriptive period, we held:
Moreover, in Inge v. St. Paul Fire and Marine Insurance Co., 457 So.2d 776 (La. App. 1st Cir.1984), reversed on other grounds, 460 So.2d 1038 (La.1984), this court stated that a suit for legal malpractice is an action in tort in the great majority of the cases.
Recently, in Rayne State Bank & Trust v. National Union Fire Insurance Co., et al., 483 So.2d 987, 995 (La.1986), the Louisiana Supreme Court stated:
(Citations omitted.)
However, it is not necessary that a loss should have already been suffered in order to serve as the basis for the damage claim; it is sufficient for the plaintiff to show that a loss is going to be suffered or is sure to result. Rayne, 483 So.2d at 996. In Rayne, the court held that prescription on a bank's legal malpractice action against an attorney commenced when a bankruptcy suit in which the bank was forced to defend was filed. The court was of the opinion that damage was sustained by the bank when the bankruptcy suit was filed.
Therefore, in light of the above jurisprudence, we find that the trial court did not err in holding that First Guaranty's third-party demand was an action in legal malpractice and that the applicable one-year prescriptive period commenced when the original suit was filed against First Guaranty.
There is no evidence of any warranty for specific results or inaction on the part of Pittman, Matheny. The action is clearly not an action in indemnity, but an action in legal malpractice filed by a client against its attorneys for the alleged negligent handling of legal matters.
Thus, the prescription commenced when First Guaranty was sued since at that point it was forewarned that if plaintiff prevailed, First Guaranty would suffer a loss. It was at this point that First Guaranty sustained damage. Since, in the present case, First Guaranty did not file its third-party demand against Pittman, Matheny and Appalachian until four years after it was sued, we hold that First Guaranty's claim has prescribed.
Therefore, for the foregoing reasons, we affirm the judgment of the trial court. Costs of this appeal are to be borne by appellant, First Guaranty Bank of Hammond.
AFFIRMED.
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