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, No. 2019CW0914 (La. Ct. App. 1st Cir. Sept. 30, 2019).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Stewart v. Continental Casualty Co. 79 So. 3d 1047
- Carrollton Presbyterian Church v. Presbytery of South Louisiana 82 So. 3d 285
- Naghi v. Brener 17 So. 3d 919
- 233 So. 3d 694 not in our corpus
Opinion text
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
COURT OF APPEAL, FIRST CIRCUIT
D PUTY (! LERK' O1P COURT
FOR THE COURT