Herrera v. Beatrice Gallegos & Usagencies Casualty Insurance

IJ, respectfully, dissent from the majority opinion on the basis that the trial court legally erred in considering a peremptory exception of prescription on its own objection. It is my opinion that the trial court completely disregarded the legislative intent of La. O.C.P. art. 927(B).

In Herrera v. Gallegos, 13-204 (La.App. 5 Cir. 10/9/13); 128 So.3d, 306, this Court reversed, the trial court’s sustaining of an exception- of prescription and remanded the matter for further proceedings. On remand, the matter proceeded to trial on October 8, 2014 without- any subsequent pleadings filed by…