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HEBERT v. HILL

No. 37,208-CA.

855 So.2d 768 (2003)

Chad E. HEBERT and Shelly Hebert, Individually and On Behalf of their Minor Children, Plaintiff-Appellants, v. W. James HILL, III, et ux., and State Farm Fire and Casualty Co., Defendant-Appellees.

Court of Appeals of Louisiana, Second Circuit.

Opinion on Rehearing October 23, 2003.

Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway, by Bernard S. Johnson, Shreveport, for Appellants.

Guglielmo, Marks, Schutte, Terhoeve & Love, by Glen Scott Love, Stephen Dale Cronin, Baton Rouge, for Appellee, State Farm Fire and Casualty Company.

Tutt & Bordelon, LLC, by Charles Gordon Tutt, Shreveport, for Appellee, Sandra Hill.

Rountree, Cox, Guin & Achee, by Dale G. Cox, Shreveport, for Appellee, W. James Hill, III.

Before STEWART, DREW and MOORE, JJ.

MOORE, J.

Chad and Shelly Hebert, individually and on behalf of their three minor children (collectively, "the Heberts"), appeal a partial judgment that dismissed their claim for penalties against State Farm Fire and Casualty Company on an exception of prescription. For the reasons expressed, we reverse and remand.

Procedural Background

Since the parties offered no evidence (aside from one stipulation) at the hearing on the exception of prescription...

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