Opinion

Washington v. St. Charles Parish School Board

274 So. 2d 909
1973 La. App. LEXIS 5796

Court: Louisiana Court of Appeal
Filed: Feb 6, 1973
Status: Published
On the bench: Boutall, Redmann, Stoulig
Cited by: 4 cases
Authority: More cited than 25.2%

Reversed on other grounds by Washington v. St. Charles Parish School Board, 1974 La. LEXIS 3241 (1974)

The opinion

ON REHEARING

PER CURIAM.

After the original opinion in this case was delivered, defendant-appellant, St. Charles Parish School Board, filed an application for rehearing, and, for the first time, a plea of prescription based upon Article 3538 of the Louisiana Civil Code. This plea cannot be considered for the reason that it is filed too late. Under LSA-C.C.P. Art. 2163 we cannot consider the peremptory exception filed for the first time in this court if it is pleaded after submission of the case for a decision. Braswell v. Heartwell, 234 So.2d 197 (La.App. 2nd Cir. 1970); Steib v. Joseph Rathborne Land Company, 163 So.2d 429 (La.App. 4th Cir. 1964).

Appellant’s application for a rehearing is denied.

Rehearing denied.

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