Kristin F. Lagarde wife of/and Timothy Michael Lagarde v. Betty Sagul Battalora

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

KRISTIN F. LAGARDE WIFE NO. 2019 CW 1178 OF/ AND TIMOTHY MICHAEL LAGARDE

VERSUS

BETTY SAGUL BATTALORA SEPTEMBER 26, 2019

In Re: Betty Sagul Battalora, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2018- 13292.

BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The trial court' s July 18, 2019 judgment

denying relator' s, Betty Sagul Battalora' s, exception of

prescription is hereby reversed. We find that this action was

prescribed on its face, and accordingly, the plaintiffs, Timothy and Kristin Lagarde, failed to carry their burden of proof to prove that their claims had not prescribed. Although the plaintiffs alleged that the Battaloras had actual/ constructive

knowledge of the alleged defects in the home' s foundation, they also bore the burden of proving such knowledge. See Insurance Storage Pool, Inc. v. Parish Nat. Bank, 97- 2757 ( La. App. lst Cir. 5/ 14/ 99), 732 So. 2d 815, 820. Consequently, the plaintiffs' claims are prescribed. See La. Code Civ. P. art.

2534( A)( 2). The exception of prescription filed by relator,

Betty Sagul Battalora, is granted, and the plaintiffs' claims

are dismissed with prejudice.

JMM MRT WRC

COURT OF APPEAL, FIRST CIRCUIT

EJUR/flY CLERKOF COURT/ TVE COURT