Bernard v. Duhon

The majority’s opinion imposes an additional time limitation, i.e., the third party demand must be filed within 90 days of the date the incidental demand would have otherwise prescribed, to LSA-C.C.P. art. 1067. However, the third party defendant whose incidental demand is lost has no control over when he is made defendant.1 To make the availability of his incidental demands fortuitously dependent on when his opponent files the third party demand is manifestly unfair and, further, cannot be reconciled with the express language of the statute: the third party defendant has 90 days from the…