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LOWRY v. MILLS

No. 96-332.

682 So.2d 802 (1996)

Ruffin T. LOWRY, Plaintiff—Appellant, v. William P. MILLS III, Defendant—Appellee.

Court of Appeal of Louisiana, Third Circuit.

Order Granting Limited Rehearing November 22, 1996.

Attorney(s) appearing for the Case

Kenneth O'Neil Privat, Crawley, for Ruffin T. Lowry.

Anthony Fazzio, for William P. Mills III.

Before DOUCET, C.J., and YELVERTON and PETERS, JJ.

YELVERTON, Judge.

Summary judgment was granted dismissing a claim on the basis of prescription. William P. Mills III wrote a check to Ruffin T. Lowry on September 16, 1985, for $15,000. Mills testified by deposition that the purpose of the check was to pay a personal obligation incurred in 1983. Lowry never cashed the check. Lowry sued Mills in 1994 for the $15,000. Mills moved for summary judgment on the basis of prescription of 10 years. The trial court granted...

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