Deep South Towing, v. Sedgwick

Full title: DEEP SOUTH TOWING, INC. v. SEDGWICK OF NEW ORLEANS and Marsh U.S.A

Court: Supreme Court of Louisiana

Date published: Nov 17, 2004

887 So. 2d 458 (La. 2004)

Opinion

No. 2004-C-2115.

November 17, 2004.

In re Marsh U.S.A. Inc.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. B, Nos. 2001-07314; to the Court of Appeal, Fourth Circuit, No. 2003-CA-1829.

PER CURIAM.

The ruling of the Fourth Circuit Court of Appeal refusing to consider the exception of peremption as an alternative ground for affirming the judgment of dismissal is reversed. See Succession of Markham, 180 La. 211, 156 So. 225 (1934) and Roger v. Estate of Moulton, 513 So.2d 1126 (La. 1987). The case is remanded to the Fourth Circuit Court of Appeal to review the trial court's denial of the exception of peremption.

JOHNSON, J., would deny the writ.