WYMAN v. DUPEPE CONSTRUCTION

No. 2009-C-0817.

24 So.3d 848 (2009)

Katrina WYMAN & Jason Wyman v. DUPEPE CONSTRUCTION, Monteforte's Roofing & Siding, Robert Monteforte, Bankers Insurance CO. & USAA Insurance.

Supreme Court of Louisiana.

December 1, 2009.


Attorney(s) appearing for the Case

Elie Jones & Associates, Ernest Lake Jones, for applicant.

The Law Offices of Anthony Taormina, Anthony Santo Taormina, Metairie, Bienvenu, Foster, Ryan & O'Bannon, David Edward Walle, New Orleans, Kraft, Gatz, Lane, Benjamin, LLC, Walter Kay Jamison, III, Marjorie Briley Breaux, for respondent.


PER CURIAM.*

This matter involves a peremptory exception of prescription. The court of appeal correctly recognized the district court committed an error of law when it dismissed Wyman II on the grounds Wyman I did not interrupt prescription. However, even though the appellate court properly determined Wyman II was prescribed on its face and the plaintiff failed to carry their burden of proof to...

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