Kelli Showalter wife of/and Shane Showalter v. KPM Construction, L.L.C., and ABC Insurance Company
This text of Kelli Showalter wife of/and Shane Showalter v. KPM Construction, L.L.C., and ABC Insurance Company (Kelli Showalter wife of/and Shane Showalter v. KPM Construction, L.L.C., and ABC Insurance Company) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
KELLI SHOWALTER WIFE OF/ AND NO. 2019 CW 0914 SHANE SHOWALTER
VERSUS
KPM CONSTRUCTION, L. L. C. AND ABC INSURANCE COMPANY SEP Q X019
In Re: K M Trucking and Dozer, Inc., applying for supervisory writs, 22nd Judicial District Court, Parish of St.
Tammany, No. 201714010.
BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The portion of the trial court' s June 4, 2019 judgment denying the exception raising the objection of
peremption filed by third -party defendant, K M Trucking and
Dozer, Inc., is reversed for the reasons set forth by this court in Stewart v. Continental Casualty Co., Inc., 2011- 0505 ( La.
App. 1st Cir. 11/ 9/ 11), 79 So. 3d 1047, writ denied, 2011- 2721 La. 2/ 17/ 12), 82 So. 3d 285, " Because the avoidance of the time
period interferes with the running of that time period, relation back of a petition adding a new defendant is not permitted where the time period involved is peremptive. Further, because the expiration of a peremptive time period destroys the cause of
action, there is nothing for an amended or supplemental petition to relate back to under LSA- C. C. P. art. 1153." See also Naghi v. Brener, 2008- 2527 ( La. 6/ 26/ 09), 17 So. 3d 919; and Shields v.
Alvin R. Savoie & Associates, Inc., 2017- 0602 ( La. App. 1st Cir. 11/ 1/ 17), 233 So. 3d 694. The undisputed facts establish that KPM Construction, LLC' s amended third -party demand naming K M
Trucking and Dozer, Inc. as a third- party defendant was filed after the expiration of the applicable peremptive period. See La. R. S. 9: 2772( A) ( 1) ( a) through ( c). Therefore, the exception
raising the filed by objection of peremption third -party defendant, K M Trucking and Dozer, Inc., is granted, and the claims asserted against it by third -party plaintiff, KPM Construction, LLC, are dismissed with prejudice.
JMM MRT WRC
D PUTY (! LERK' O1P COURT FOR THE COURT
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