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BASS v. LAPORTE

No. CA 95 0867 R.

691 So.2d 138 (1997)

Patricia A. BASS, Individually and as Natural Tutrix of her Minor Child, Laura Omega Bass v. Johnny LAPORTE, Jr.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 25, 1997.

Attorney(s) appearing for the Case

Benjamin P. Mouton, Baton Rouge, for Plaintiff/Appellant Patricia A. Bass.

Robert J. Burns, Baton Rouge, for Defendant/Appellee Johnny Laporte, Jr.

Before WHIPPLE, PITCHER and FITZSIMMONS, JJ.

WHIPPLE, Judge.

This case is before us on remand from the Louisiana Supreme Court. We hold that, under the facts of this case, the trial court's judgment maintaining defendant's peremptory exception of prescription was erroneous because the judgment of dismissal is an absolute nullity and imprescriptible as it was based on an absolutely null compromise agreement. Accordingly, we reverse and remand.

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