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JOHNSON v. ARATA

No. 97-CA-2352.

706 So.2d 539 (1998)

Michael JOHNSON v. Blake ARATA, Jr. and Davis, Saunders, Arata & Rome, A Professional Law Corporation.

Court of Appeal of Louisiana, Fourth Circuit.

January 7, 1998.

Attorney(s) appearing for the Case

Stephen P. Schott, Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P. New Orleans, for Defendants-Appellees.

Robert H. Matthews, Bezou & Matthews, New Orleans, for Plaintiff-Appellant.

Before BYRNES, LOBRANO and JONES, JJ.

BYRNES, Judge.

Plaintiff filed suit for legal malpractice prior to the expiration of the three year peremptive period provided by LSA-R.S. 9:5605(A).

The trial court dismissed plaintiff's suit after three years had elapsed. Plaintiff appealed the dismissal devolutively. Defendant moved to dismiss plaintiff's appeal, arguing that in the absence of a suspensive appeal, the dismissal takes effect and the plaintiff's...

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