Legal Opinion

Smart v. Vazquez

Louisiana Court of Appeal

Decided June 12, 2013No. 2012-CA-1694PublishedCited by 2 opinions

1Opinion of the Court

MADELEINE M. LANDRIEU, Judge.

| iThis is a legal malpractice action which the trial court dismissed on an exception of peremption finding that it was filed more than three years after the alleged act of malpractice sued upon. Because we find that the trial court properly applied the three-year preemptive period set forth in Louisiana Revised Statute 9:5605 and because we find the fraud exception in that statute to be inapplicable to the facts presented here, we affirm the judgment of the trial court.

FACTS AND PROCEEDINGS BELOW

The Medical Malpractice Action

Between October 20 and November 8,…

2Cases cited12 opinions

  1. Rando v. Anco Insulations Inc.Supreme Court of Louisiana · 2009
  2. Reeder v. NorthSupreme Court of Louisiana · 1997
  3. Jenkins v. St. Paul Fire & Marine Ins. Co.Supreme Court of Louisiana · 1982
  4. Jenkins v. StarnsSupreme Court of Louisiana · 2012
  5. Metairie III v. Poche' Construction, Inc.Louisiana Court of Appeal · 2010

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3Cited by2 opinions

  1. Miralda v. GonzalezLouisiana Court of Appeal · 2015
  2. Vagelos v. AbramsonLouisiana Court of Appeal · 2013

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