PEAK PERFOR. PHY. THERAPY & FITNESS, LLC v. HIBERNIA CORP.

No. 2007 CA 2206.

992 So.2d 527 (2008)

PEAK PERFORMANCE PHYSICAL THERAPY & FITNESS, LLC v. HIBERNIA CORPORATION, Rebecca Tassin and Keith Tassin.

Court of Appeal of Louisiana, First Circuit.

Writ Denied October 3, 2008.


Attorney(s) appearing for the Case

Jay M. Simon, Baton Rouge, Louisiana, for Plaintiff/Appellee, Peak Performance Physical Therapy & Fitness, LLC.

John D. Brady, Bradley J. Spedale, Baton Rouge, Louisiana, for Defendant/Appellant, Capital One, N.A., formerly Hibernia National Bank.

David J. Boneno, Baton Rouge, Louisiana, for Amicus Curiae Louisiana Bankers Association In Support of Defendant/Appellant, Capital One, N.A., formerly Hibernia National Bank.

Before GAIDRY, McDONALD, and McCLENDON, JJ.


GAIDRY, J.

A bank appeals a summary judgment against it, holding it liable to a physical therapy business for the total amount of 189 checks converted by the business's employee and deposited in her checking account with the bank. In conjunction with the appeal of the summary judgment, it also seeks review of a prior interlocutory judgment overruling a peremptory exception of prescription. For the following reasons, we reverse the interlocutory judgment and sustain...

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