Pate v. Republic Bank

NORRIS, Judge.

Plaintiff appeals the trial court’s sustaining of an exception of prematurity assigning the following two errors: (1) the trial court’s sustaining of the exception when plaintiff’s cause of action was based on abuse of process; and, (2) the trial court’s sustaining of the exception on the facts presented.

Our review of the record reveals that plaintiff filed a petition in tort alleging that defendants, Republic Bank and David Touchstone, attorney for Republic Bank filed a suit in United States District Court, Western District of Louisiana, Shreveport *1368Division, on June 26,1980,…