# Short v. Giffin

> Louisiana Court of Appeal · November 17, 1994 · 94 La.App. 4 Cir. 1757

URL: https://www.frixlaw.com/law-library/cases/7685621

## Case

- **Full name:** Joan C., Wife of/and Ronald M. SHORT v. Clifford GIFFIN and Duplantier, Hrapmann, Hogan & Mayer
- **Court:** Louisiana Court of Appeal
- **Decided:** November 17, 1994
- **Citations:** 94 La.App. 4 Cir. 1757; 648 So. 2d 937; 1994 La. App. LEXIS 3058; 1994 WL 646323
- **Precedential status:** Published
- **Opinion:** Concurrence by Jones
- **Judges:** Jones, Landrieu, Plotkin
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7685621

## Opinion text

11JONES, Judge,
concurs in the results:
In response to the plaintiffs’ original petition, relators filed their first peremptory exception of prescription. However, this exception was apparently not fixed for trial prior to the filing of an answer. In the interim, between the filing of relators’ answer and second exception, plaintiffs filed two supplemental and amending petitions. In response to those pleadings, relators filed an answer to the original petition and the two supplemental and amending petitions. In that answer, relators affirmatively averred that the action had prescribed. Subsequent to the filing of that answer, plaintiffs filed a second peremptory exception of prescription and later filed a “Motion to fix exception of prescription for trial”.
This second exception, which forms the basis of this writ, was clearly filed subsequent to the filing of an answer, thereby giving the trial court the option of referring the exception to trial on the merits pursuant to the La.C.C.P., art. 929(B).
For this reason, I concur in the affirmation of the judgment of the trial court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7685621. Public record. Not legal advice.