Walter Gabriel, Jr. and Christine Lewis v. Ritchie Real Estate, LLC

Louisiana Court of Appeal

Walter Gabriel, Jr. and Christine Lewis v. Ritchie Real Estate, LLC

Louisiana Court of Appeal·Decided November 22, 2017·No. CW-0017-0549·Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT P.O. Box 16577 Lake Charles LA 70616 (337) 433-9403

NOT DESIGNATED FOR PUBLICATION

Charles Stovall Weems, III Martha R. Crenshaw Gold, Weems, Bruser, el al Attorney at Law P. O. Box 6118 2001 MacArthur Drive Alexandria LA 71307-6118 Alexandria LA 71309

REHEARING ACTION: November 22, 2017

Docket Number: 17-549 CW consolidated with 17-468 CW & 17-528 CW

WALTER GABRIEL, JR. AND CHRISTINE LEWIS VERSUS RITCHIE REAL ESTATE, LLC, ET AL.

Writ Application from Rapides Parish Case No. 257141

BEFORE JUDGES:

Hon. Phyllis M. Keaty Hon. Van H. Kyzar Hon. Candyce G. Perret

As counsel of record in the captioned case, you are hereby notified that the ruling on

the application for rehearing filed by Walter Gabriel, Jr. and Christine Lewis is:

MOTION FOR REHEARING DENIED. In support of their motion for rehearing, Plainitffs assert that the original petition was fax-filed on October 18, 2016, thus making the original petition timely filed. However, we find that even if the original petition were timely filed, our original decision to dismiss Plaintiffs’ claim under the Louisiana Unfair Trade Practice Act (LUTPA), La.R.S. 51:1401, et seq., remains unchanged. In that regard, we reiterate our finding that because the amended petition wherein Plaintiffs raise the LUPTA claim was filed after the peremptive period under La.R.S. 51:1409(E) had expired, the relation back concept set forth in La.Code Civ.P. art. 1153 cannot be applied to render the LUPTA claim timely. See Robin v. Allstate Ins. Co., 02-689 (La.App. 3 Cir. 2/5/03), 844 So.2d 41, writ denied, 03-1818 (La. 10/17/03), 855 So.2d 763. For these reasons, we hereby deny Plaintiffs’ motion for rehearing.

cc: Randall Brian Keiser, Counsel for the Respondent Jeremy C. Cedars, Counsel for the Respondent Richard Alan Rozanski, Counsel for the Applicant Connor Junkin, Counsel for the Applicant Marc W. Judice, Counsel for the Respondent J. Ryan Pierret, Counsel for the Respondent

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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT P.O. Box 16577 Lake Charles LA 70616 (337) 433-9403

NOT DESIGNATED FOR PUBLICATION

Charles Stovall Weems, III Martha R. Crenshaw Gold, Weems, Bruser, el al Attorney at Law P. O. Box 6118 2001 MacArthur Drive Alexandria LA 71307-6118 Alexandria LA 71309

REHEARING ACTION: November 22, 2017

Docket Number: 17-549 CW consolidated with 17-468 CW & 17-528 CW

WALTER GABRIEL, JR. AND CHRISTINE LEWIS VERSUS RITCHIE REAL ESTATE, LLC, ET AL.

Writ Application from Rapides Parish Case No. 257141

BEFORE JUDGES:

Hon. Phyllis M. Keaty Hon. Van H. Kyzar Hon. Candyce G. Perret

As counsel of record in the captioned case, you are hereby notified that the ruling on

the application for rehearing filed by Walter Gabriel, Jr. and Christine Lewis is:

MOTION FOR REHEARING DENIED. In support of their motion for rehearing, Plainitffs assert that the original petition was fax-filed on October 18, 2016, thus making the original petition timely filed. However, we find that even if the original petition were timely filed, our original decision to dismiss Plaintiffs’ claim under the Louisiana Unfair Trade Practice Act (LUTPA), La.R.S. 51:1401, et seq., remains unchanged. In that regard, we reiterate our finding that because the amended petition wherein Plaintiffs raise the LUPTA claim was filed after the peremptive period under La.R.S. 51:1409(E) had expired, the relation back concept set forth in La.Code Civ.P. art. 1153 cannot be applied to render the LUPTA claim timely. See Robin v. Allstate Ins. Co., 02-689 (La.App. 3 Cir. 2/5/03), 844 So.2d 41, writ denied, 03-1818 (La. 10/17/03), 855 So.2d 763. For these reasons, we hereby deny Plaintiffs’ motion for rehearing.

cc: Randall Brian Keiser, Counsel for the Respondent Jeremy C. Cedars, Counsel for the Respondent Richard Alan Rozanski, Counsel for the Applicant Connor Junkin, Counsel for the Applicant Marc W. Judice, Counsel for the Respondent J. Ryan Pierret, Counsel for the Respondent

Walter Gabriel, Jr. and Christine Lewis v. Ritchie Real Estate, LLC, (La. Ct. App. 2017).

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