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ANTOINE v. McDONALD'S RESTAURANT

No. 98-1736.

734 So.2d 1257 (1999)

Tamira ANTOINE, et al., Plaintiffs— Appellants, v. McDONALD'S RESTAURANT, Defendant—Appellee.

Court of Appeal of Louisiana, Third Circuit.

May 5, 1999.

Attorney(s) appearing for the Case

Valerie Gotch Garrett, Lafayette, for Tamira Antoine, et al.

Michael Edward Parker, Lafayette, for McDonald's Restaurant.

BEFORE: YELVERTON, THIBODEAUX, and SULLIVAN, Judges.

YELVERTON, J.

The issue before this court is whether the failure to file the original signed petition and pay a $5.00 transmission fee for a facsimile filing within five days after transmission as required by La.R.S. 13:850 is prescriptively fatal to plaintiff's cause of action. The trial judgment maintained a plea of prescription. We affirm.1

Facts

Tamira Antoine and her child were allegedly injured in a slip-and-fall...

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