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SPECIALIZED LOAN SERVICING, L.L.C v. JANUARY

No. 2012-CC-2668.

119 So.3d 582 (2013)

SPECIALIZED LOAN SERVICING, L.L.C. v. Donyelle JANUARY, Assurant Specialty Property, American Security Insurance Company and Capital One Bank.

Supreme Court of Louisiana.

June 28, 2013.

Attorney(s) appearing for the Case

Aufrecht & Anderson, LLC, Wayne Morris Aufrecht , Rachel Thyre Anderson , for Applicant.

Favret, Demarest, Russo & Lutkewitte, PLC, Thomas J. Lutkewitte , Brad P. Scott , Conor Thomas Lutkewitte , Law Offices of Gordon P. Serou Jr., LLC, Gordon Paul Serou, Jr. , New Orleans, LA, for Respondent.

VICTORY, J.

We granted this writ application to resolve a split in the courts of appeal regarding whether the fourth category of the doctrine of contra non valentem, i.e., the discovery rule, is applicable to suspend prescription of a conversion claim against a payor under La. R.S. 10:3-420(f). After reviewing the record and the applicable law, we find that the discovery rule cannot suspend the one-year prescriptive period of La. R.S. 10:3-420(f). Therefore...

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