88-CC-1755 Precedential Reinstated Processed

Akins v. Parish of Jefferson

Louisiana Supreme Court · Filed February 24, 1989 · 539 So. 2d 44

Also decided on this docket: La., November 28, 1988 533 So. 2d 970

Cited by

Moody ex rel. Moody v. Murray 189 So. 3d 508 La. Ct. App. 2d Cir. 2016
Foltmer v. James 779 So. 2d 57 La. Ct. App. 4th Cir. 2001
State v. Pollard 760 So. 2d 362 La. Ct. App. 4th Cir. 2000
UDS Management Corp. v. EBARB WATERWORKS 728 So. 2d 952 La. Ct. App. 2d Cir. 1999
Underwood v. Lane Memorial Hosp. 714 So. 2d 715 La. 1998
Brian L. Heard Gen. Con., Inc. v. Ward Two Water Dist. 708 So. 2d 843 La. Ct. App. 1st Cir. 1998
Sono-Topes, Inc. v. FRANKLIN PARISH HOSP. SERV. DIST. 669 So. 2d 612 La. Ct. App. 2d Cir. 1996
Amato v. Office of Com'r of Securities 644 So. 2d 412 La. Ct. App. 4th Cir. 1994
URBAN MGT. CORP. v. Shreveport Airport Auth. 602 So. 2d 1055 La. Ct. App. 2d Cir. 1992
State v. Greer 553 So. 2d 892 La. Ct. App. 4th Cir. 1989

Authorities cited

Identified automatically; this list may not be exhaustive.

Akins v. Parish of Jefferson 533 So. 2d 970

Opinion text

539 So.2d 44 (1989) Anthony AKINS, et al. v. PARISH OF JEFFERSON, et al. COLONIAL LLOYDS INSURANCE COMPANY v. BOARD OF COMMISSIONERS, et al. Edward and Brenda TUCKERSON, et al. v. BOARD OF COMMISSIONERS et al. Nathan WINESBERRY, et al. v. BOARD OF COMMISSIONERS, et al. Lorine WEATHERSPOON, et al. v. BOARD OF COMMISSIONERS, et al. No. 88-CC-1755. Supreme Court of Louisiana. February 24, 1989. PER CURIAM. Rehearing granted in part. In our original order, 533 So.2d 970 , we erred in maintaining the exception of prescription in the Weatherspoon case. The venue provided in La.R.S. 13:5104 B for suits against a political subdivision is mandatory. Because suit was filed in a parish of improper venue as to some defendants in the Weatherspoon case, prescription was not interrupted by the suit until each of those defendants was served. La. C.C. art. 3462. However, because venue was proper as to other defendants who were solidary obligors, prescription was interrupted as to all solidary obligors by the timely filing of suit in Orleans Parish. La. C.C. arts. 1799 and 3503. Accordingly, the judgments of the lower courts overruling the exception of prescription are reinstated, but the Weatherspoon case is transferred to Jefferson Parish. La.C.C.P. art. 121. Otherwise, the application for rehearing is denied.