JACOBS v. COCA-COLA BOTTLING CO.

No. 37,775-CA.

859 So.2d 250 (2003)

Melvin JACOBS, Plaintiff-Appellant, v. COCA-COLA BOTTLING COMPANY, and Patrick R. Aubrey, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

October 20, 2003.


Attorney(s) appearing for the Case

Louis Granderson Scott, for Appellant.

Donald James Armand, Jr., Shreveport, Christopher R. Johnson, for Appellees.

Before GASKINS and DREW, JJ., and TRAYLOR, J. Pro Tem.


DREW, J.

Melvin Jacobs appeals the judgment dismissing his action as prescribed. At issue is whether Jacobs' timely presentation for filing of his petition to the Union Parish Clerk of Court was sufficient to interrupt prescription when the petition was accompanied by a check of $145 instead of the higher filing amount required by the Clerk of Court. For the reasons set forth below, we reverse the trial court's judgment and remand for further proceedings.

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