# Washington v. St. Charles Parish School Board

> Louisiana Court of Appeal · February 6, 1973 · 274 So. 2d 909

URL: https://www.frixlaw.com/law-library/cases/7454490

## Case

- **Full name:** Dan WASHINGTON v. ST. CHARLES PARISH SCHOOL BOARD
- **Court:** Louisiana Court of Appeal
- **Decided:** February 6, 1973
- **Citations:** 274 So. 2d 909; 1973 La. App. LEXIS 5796
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Boutall, Redmann, Stoulig
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Washington v. St. Charles Parish School Board, 1974 La. LEXIS 3241 (1974).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7454490

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7454490. Public record. Not legal advice.