Badie v. Marshall

BOUTALL, Judge.

On the application of Nolan A. Marshall for writ of certiorari or review of an adverse decision of this court, 390 So.2d 1365, the Supreme Court ordered the following, 396 So.2d 1329:

“Granted. The case is remanded to the Court of Appeal to consider the plea of prescription filed and received by this Court and to consider any other relief appropriate."

In consideration of the plea of prescription filed and received by the Supreme Court, we refer to Code of Civil Procedure, Article 2163 which provides that “The appellate court may consider the peremptory exception filed for the…