TENNEY v. BURLINGTON NORTH. & SANTE FE RY.

No. 2003-C-1260.

863 So.2d 526 (2004)

Linda TENNEY v. BURLINGTON NORTHERN & SANTE FE RAILWAY CO., et al.

Supreme Court of Louisiana.

January 21, 2004.


Attorney(s) appearing for the Case

John P. Charbonnet, Kent Mercier, Lafayette, for applicant.

John F. Blackwell, Alex a. Lopreston, III, Roy, Forrest & Lopresto, Lafayette; Kyle Liney Mark Gideon, John E. McElligott, Jr., David A. Young, Davidson, Meaux, Sonnier & McElliogott, Lafayette; Charles C. Foti, Jr., Attorney General, for respondent.


PER CURIAM.

We granted certiorari in this case to consider whether the court of appeal erred in finding plaintiff's suit is prescribed on the ground that an application to proceed in forma pauperis does not satisfy the requirement of La. R.S. 13:850(B) that applicable fees be paid within five days of filing a petition by facsimile transmission. Although we find the reasoning of the court of appeal is erroneous, we conclude the court of appeal reached the correct...

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