¶1Writ Granted. As Judge Murray notes in her dissent in the court of appeal, because the determinative facts on the prescription issue are not disputed and because the prescription issue is a legal one, the trial court abused its discretion in referring the exception of prescription to the merits. Accordingly, the trial court order referring the exception of prescription to the merits is reversed and the case is remanded to the trial court for trial of the peremptory exception of prescription.
885 So. 2d 562
Lewis v. Compass
Decided October 29, 2004
Supreme Court of Louisiana · decided 2004-10-29
Cited by 35 later decisions — most recently July 2019 · most notably Jeansonne v. SCHMOLKE (2010), Bell v. Mid City Printers, Inc. (2010)
35 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 2004-10-29
View the full empirical analysis of this case →