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983 So. 2d 1287

Lodrigues v. Duhe

Supreme Court of Louisiana

Decided June 27, 2008

Supreme Court of Louisiana · decided 2008-06-27

Cited by 3 later decisions — most recently May 2018

3 state decisions

Relies on 656 So. 2d 635 - Short v. Griffin

Good law ✅— No negative treatment on recordhow we know

Decided 2008-06-27

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¶1In re Lodrigues, Loretta D/B/A; Loretta Lodrigues Insurance Agency Inc.;— Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. B, No. 47192; to the Court of Appeal, Fifth Circuit, No. 08-C-203.

¶2*1288Granted. Because the question of when prescription commenced is so intertwined with the merits of plaintiffs’ claim, we find defendants’ exception of prescription should be referred to the merits. See Short v. Griffin, 95-0680 (La.6/16/95), 656 So.2d 635. Accordingly, the judgment of the court of appeal is vacated and set aside, and the case is remanded to the trial court for further proceedings.

VICTORY, J., would deny.TRAYLOR, J., would deny.WEIMER, J., would deny.
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