Labiche v. Louisiana Patients' Compensation Fund Oversight Board

While the majority correctly notes that this court may notice and raise the issue of peremption on its own motion, I do not believe it is appropriate, given the posture of this case, for us to do so. Instead, I would address the merits of the issues before us and alternatively, would remand the matter to the trial court for briefing and argument on the peremption issue and to allow the lower court to rule on the issue. In particular, relying upon the “bright line” peremption statement set forth in Carter v. Lynn, 93-1583 (La.App. 1st Cir. 5/20/94); 637 So.2d 690 may be less than sound…