Legal Opinion

Specialized Loan Servicing, L.L.C. v. January

Supreme Court of Louisiana

Decided June 28, 2013No. 2012-CC-2668PublishedCited by 39 opinions

1Opinion of the CourtVictory, J.

I,We granted this writ application to resolve a split in the courts of appeal regarding whether the fourth category of the doctrine of contra non valentem, i.e., the discovery rule, is applicable to suspend prescription of a conversion claim against a payor under La. R.S. 10:3^120(f). After reviewing the record and the applicable law, we find that the discovery rule cannot suspend the one-year prescriptive period of La. R.S. 10:3-420(f). Therefore, we affirm the judgment of the court of appeal.

FACTS AND PROCEDURAL HISTORY

On August 26, 2010, Specialized Loan Servicing, L.L.C. (“Specialized”)…

Also in this document: Dissent.

2Cases cited55 opinions

  1. Palmetto Oil Co. v. Bethany Oil & Gas Co.Louisiana Court of Appeal · 1927
  2. Southern Development Co. v. GrecoLouisiana Court of Appeal · 1928
  3. Wimberly v. GatchSupreme Court of Louisiana · 1994
  4. Pero's Steak and Spaghetti House v. LeeTennessee Supreme Court · 2002
  5. Louisiana Municipal Association v. StateSupreme Court of Louisiana · 2005

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3Cited by39 opinions

  1. Miralda v. GonzalezLouisiana Court of Appeal · 2015
  2. Boone v. Conoco Phillips Co.Louisiana Court of Appeal · 2014
  3. Noel v. NoelLouisiana Court of Appeal · 2015
  4. Coleman v. Querbes Co. No. 1Louisiana Court of Appeal · 2017
  5. Correro v. CaldwellLouisiana Court of Appeal · 2015

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