Peak Performance Physical Therapy & Fitness, LLC v. Hibernia Corp.

DA bank appeals a summary judgment against it, holding it liable to a physical therapy business for the total amount of 189 checks converted by the business’s employee and deposited in her checking account with the bank. In conjunction with the appeal of the summary judgment, it also seeks review of a prior interlocutory judgment overruling a peremptory exception of prescription. For the following reasons, we reverse the interlocutory judgment and sustain the peremptory exception as to the first 146 of the 189 checks, reverse the summary judgment, and remand the matter for further proceedings…