TRUSCLAIR v. HILL

No. 2005 CA 1908.

943 So.2d 1127 (2006)

Edward TRUSCLAIR and Linda Trusclair v. Marilyn and Peter James HILL and Imperial Fire and Casualty Insurance Company.

Court of Appeal of Louisiana, First Circuit.

September 15, 2006.


Attorney(s) appearing for the Case

Edward and Linda Trusclair, Baton Rouge, In proper Person for Plaintiffs/Appellants.

Stephen Babcock, Mark D. Plaisance, Baton Rouge, Counsel for Defendants/Appellees Marilyn and Peter Hill and Imperial Fire & Casualty Insurance Company.

Before: KUHN, GAIDRY, and WELCH, JJ.


KUHN, J.

Plaintiffs-appellants, Edward and Linda Trusclair, appeal the trial court's judgment, sustaining a peremptory exception raising the objection of prescription and dismissing their lawsuit. We reverse.

ISSUE

The issue presented for our review is whether the filing of the petition for damages along with a motion in forma pauperis that was denied prior to the accrual of the one-year prescriptive period interrupted prescription when plaintiffs...

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