Legal Opinion
Rushing v. Simpson
Louisiana Court of Appeal
Decided January 16, 2019No. 52,443-CAPublished
1Opinion of the CourtMoore, J.
Carolyn Rushing appeals a judgment that denied her motion for new trial, sustained an earlier judgment granting Makiva Johnson's peremptory exception of no right of action and prescription, and dismissed all claims against Ms. Johnson. For the reasons expressed, we amend and affirm.
PROCEDURAL HISTORY
The exception was tried on the pleadings, with no evidence offered.
*614Ms. Rushing filed this petition in DeSoto Parish on September 15, 2017, against Terrance Simpson, Makiva Johnson and EXCO Operating LP.1 She alleged that EXCO maintained a mineral lease on a tract of land in DeSoto Parish owned by…
2Cases cited26 opinions
- Penalber v. BlountSupreme Court of Louisiana · 1989
- Carter v. HaygoodSupreme Court of Louisiana · 2005
- Badeaux v. Southwest Computer Bureau, Inc.Supreme Court of Louisiana · 2006
- Montalvo v. SondesSupreme Court of Louisiana · 1994
- Scheffler v. Adams and Reese, LLPSupreme Court of Louisiana · 2007
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