Bretz v. Samuel

PER CURIAM.1

1. Granted. The decision of the appellate court is reversed; this case is remanded to the court of appeal for consideration of the *416trial court’s judgment in light of all relevant issues of fact and law contained in the record.

The defendant’s exception of prescription in the district court, which formally and specially urged the plea of acquisitive prescription, did not also serve as a formal and special plea of liberative prescription. See La. C.C. art. 3452; La. C.C.P. arts. 924 and 927(B). Because the peremptory exception of prescription, whether urged at the trial level or on…