Taylor v. State ex rel. Department of Transportation & Development

11 WEIMER, J.,

dissenting.

I respectfully dissent for the same reasons assigned in Naquin v. Titan, 99-0400 (La.App. 1 Cir. 5/12/00), 767 So.2d 726. *4Additionally, after further evaluation, I believe Frain v. City of Baton Rouge, 97-0868 (La.App. 1 Cir. 12/29/97), 704 So.2d 1276, which jurisprudentially created a 90-day window to “perfect” service of process, is erroneous.

First, the 1996 La. Acts, 1st Ex.Sess., No. 63, should not be retroactively applied to suits filed before the effective date of the Act so as to require service of process within 90 days when no such requirement existed when…