CA-6144 Precedential Processed

Greenslit v. Succession of Hero

Louisiana Court of Appeal, First Circuit · Filed September 15, 1987 · 513 So. 2d 405

Cited by

Doell v. Lachney 544 So. 2d 519 La. Ct. App. 5th Cir. 1989
Allen v. Burnett 530 So. 2d 1294 La. Ct. App. 2d Cir. 1988
Dodd v. Tucker 528 So. 2d 644 La. Ct. App. 2d Cir. 1988

Opinion text

WILLIAMS, Judge, dissenting. I respectfully dissent from that part of the majority’s opinion holding that the amendment related back to the original date of filing. Although the parties and the type of action (quanti minoris) are the same, the facts are not. The defects are totally dissimilar and not related to one another. In no way could the seller have been given fair notice of the general fact situation out of which the amended claim arises.