Carmen Nicholas v. Terry L. Bonnie

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CARMEN NICHOLAS NO. 2023 CW 0365

VERSUS

TERRY L. BONNIE AUGUST 14, 2023

In Re: Terry L. Bonnie, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 616866.

BEFORE: GUIDRY, C.J., LANIER, HESTER, GREENE AND MILLER, JJ.

WRIT GRANTED. The trial court's March 17, 2023 judgment
denying defendant's exception of peremption is reversed.
Plaintiff's petition was filed after the three-year peremptive
period for a legal malpractice action. La. R.S. 9:5605. Once
peremption occurred, plaintiff's claim was destroyed and the
2014 consent judgment purporting to establish defendant's
liability could not revive the extinguished claim. Cf. Naghi v.
Brener, 2008-2527 ( La. 6/26/09), 17 So.3d 919 ( holding where
expiration of the peremptive period for legal malpractice had
destroyed the cause of action there was nothing for an amended
petition to relate back to). Further, the 2014 consent judgment
granted only a partial summary judgment on the issue of
liability. As such, it was not a final judgment that would bar
defendant from raising the exception of peremption. See
Schilling v. Bernhard Bros . Mech. Contractors LLC, 2012- 210 5
La. App. 1st Cir. 9/13/13), 186 So.3d 658, 665, writ denied,
2013-2378 ( La. 12/6/13), 129 So.3d 537. Accordingly, the
exception of peremption filed by defendant, Terry L. Bonnie, is
granted and the claims asserted against him by plaintiff, Carmen
Nicholas, are dismissed with prejudice .

JMG

WIL
CHH
HG

Miller, J., dissents and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT