Opinion

Loop, Inc. v. Collector of Revenue

504 So. 2d 592
1987 La. App. LEXIS 8790

Court: Louisiana Court of Appeal
Filed: Mar 2, 1987
Status: Published
Author: Williams
On the bench: Armstrong, Klees, Lobrano, Redmann, Williams
Cited by: 2 cases
Authority: More cited than 26.4%

The opinion

WILLIAMS, Judge,

concurring.

I respectfully concur.

I agree that the trial court was in error in maintaining Loop’s exception of peremption.

*596 The Louisiana Supreme Court has considered this case previously. 470 So.2d 112 . At that time, the Supreme Court could have dismissed the action had it determined that it had been perempted. La. Civ.C. art. 3460 (“Peremption may be pleaded or it may be supplied by a court on its motion at any time prior to final judgment”). See Hebert v. Doctors Memorial Hospital, 486 So.2d 717 (La.1986). I would hold that by not dismissing the action, the Supreme Court has recognized that it has not been perempted.

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