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THURMAN v. AGUILAR

2021 CA 1513.

343 So.3d 806 (2022)

Dee Wayne THURMAN v. Jesus AGUILAR, Empower Insurance Group, Jesus Hernandez, Peak Property and Casualty Insurance, Mary Heflebower and Allstate Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: June 22, 2022.

Attorney(s) appearing for the Case

Marcus J. Plaisance , Mark D. Plaisance , Prairieville, Louisiana and Maurice D. Hall , Plaquemine, Louisiana, Counsel for Plaintiff/Appellant, Dee Wayne Thurman.

Rodney J. Lacoste, Jr. , Patrick R. Schmidt , New Orleans, Louisiana, Counsel for Defendant/Appellee, Peak Property and Casualty Insurance Corporation.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

The trial court found that plaintiff's fax filed petition did not have full force and effect, and therefore did not interrupt prescription, because the applicable fees were not delivered within seven days of the clerk of court's receipt of the fax filing as required by LSA-R.S. 13:850. Thus, the trial court sustained defendant's peremptory...

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