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CALBERT v. BATISTE

No. 09-514.

23 So.3d 1031 (2009)

Mary Ann Charles CALBERT v. Orlando J. BATISTE.

Court of Appeal of Louisiana, Third Circuit.

November 4, 2009.

Attorney(s) appearing for the Case

Guy Olden Mitchell, III, Attorney at Law, Ville Platte, LA, for Intervenor Appellant, Major Patrick Calbert.

Paul Daniel Gibson, John Blake Boudreaux, Gibson, Gruenert, et al., Lafayette, LA, for Defendant Appellee, Lafayette City-Parish Consolidated Government.

Randal Lee Menard, Attorney at Law, Lafayette, LA, for Plaintiff Appellee, Mary Ann Charles Calbert.

Laura Lee Putnam, Assistant Attorney General, Louisiana Department of Justice, Lafayette, LA, for Defendant Appellee, State of Louisiana, Dept. of Transportation & Development.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and JOHN D. SAUNDERS, Judges.

SAUNDERS, Judge.

This case addresses whether the exceptions of lis pendens and prescription were properly granted in a suit instituted by Major Calbert (hereinafter referred to as "Major") asserting wrongful death and survival actions.

For the following reasons we affirm in part and reverse in part the trial court's granting of the exceptions.

FACTS AND PROCEDURAL HISTORY:

On July 23, 2007, while walking along Louisiana Highway 14...

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