Walter Gabriel, Jr. and Christine Lewis v. Ritchie Real Estate, LLC
Walter Gabriel, Jr. and Christine Lewis v. Ritchie Real Estate, LLC, No. CW-0017-0468 (La. Ct. App. 3d Cir. Nov. 22, 2017).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Robin v. Allstate Ins. Co. 844 So. 2d 41
- Robin v. Allstate Insurance Co. 855 So. 2d 763
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403
NOT DESIGNATED FOR PUBLICATION
Charles Stovall Weems, III Martha R. Crenshaw
Gold, Weems, Bruser, el al Attorney at Law
P. O. Box 6118 2001 MacArthur Drive
Alexandria LA 71307-6118 Alexandria LA 71309
REHEARING ACTION: November 22, 2017
Docket Number: 17-468 CW consolidated with 17-528 CW & 17-549 CW
WALTER GABRIEL, JR. AND CHRISTINE LEWIS
VERSUS
RITCHIE REAL ESTATE, LLC, ET AL.
Writ Application from Rapides Parish Case No. 257141
BEFORE JUDGES:
Hon. Phyllis M. Keaty
Hon. Van H. Kyzar
Hon. Candyce G. Perret
As counsel of record in the captioned case, you are hereby notified that the ruling on
the application for rehearing filed by Walter Gabriel, Jr. and Christine Lewis is:
MOTION FOR REHEARING DENIED. In support of their motion for
rehearing, Plainitffs assert that the original petition was fax-filed on October
18, 2016, thus making the original petition timely filed. However, we find that
even if the original petition were timely filed, our original decision to dismiss
Plaintiffs’ claim under the Louisiana Unfair Trade Practice Act (LUTPA),
La.R.S. 51:1401, et seq., remains unchanged. In that regard, we reiterate
our finding that because the amended petition wherein Plaintiffs raise the
LUPTA claim was filed after the peremptive period under La.R.S. 51:1409(E)
had expired, the relation back concept set forth in La.Code Civ.P. art. 1153
cannot be applied to render the LUPTA claim timely. See Robin v. Allstate
Ins. Co., 02-689 (La.App. 3 Cir. 2/5/03), 844 So.2d 41, writ denied, 03-1818
(La. 10/17/03), 855 So.2d 763. For these reasons, we hereby deny Plaintiffs’
motion for rehearing.
cc: Randall Brian Keiser, Counsel for the Applicant
Jeremy C. Cedars, Counsel for the Applicant
Richard Alan Rozanski, Counsel for the Respondent
Connor Junkin, Counsel for the Respondent
J. Ryan Pierret, Counsel for the Respondent
Marc W. Judice, Counsel for the Respondent