Carmen Nicholas v. Terry L. Bonnie

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CARMEN NICHOLAS NO. 2023 CW 0365

VERSUS

TERRY L. BONNIE AUGUST 14, 2023

In Re: Terry L. Bonnie, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 616866.

BEFORE: GUIDRY, C.J., LANIER, HESTER, GREENE AND MILLER, JJ.

WRIT GRANTED. The trial court's March 17, 2023 judgment denying defendant's exception of peremption is reversed. Plaintiff's petition was filed after the three-year peremptive period for a legal malpractice action. La. R.S. 9:5605. Once peremption occurred, plaintiff's claim was destroyed and the 2014 consent judgment purporting to establish defendant's liability could not revive the extinguished claim. Cf. Naghi v. Brener, 2008-2527 ( La. 6/26/09), 17 So.3d 919 ( holding where expiration of the peremptive period for legal malpractice had destroyed the cause of action there was nothing for an amended petition to relate back to). Further, the 2014 consent judgment granted only a partial summary judgment on the issue of liability. As such, it was not a final judgment that would bar defendant from raising the exception of peremption. See Schilling v. Bernhard Bros . Mech. Contractors LLC, 2012- 210 5 La. App. 1st Cir. 9/13/13), 186 So.3d 658, 665, writ denied, 2013-2378 ( La. 12/6/13), 129 So.3d 537. Accordingly, the exception of peremption filed by defendant, Terry L. Bonnie, is granted and the claims asserted against him by plaintiff, Carmen Nicholas, are dismissed with prejudice .

JMG

WIL CHH HG

Miller, J., dissents and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT