RUELLO-NICAUD v. ALLSTATE INS. CO.

No. 98-C-0610.

714 So.2d 55 (1998)

Patricia RUELLO-NICAUD, et al. v. ALLSTATE INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

April 15, 1998.


Attorney(s) appearing for the Case

Thomas H. Barnett, Law Office of Richard E. Britson, Jr., New Orleans, for Allstate Ins. Co.

Albert J. Nicaud, Law Office of Nicaud & Sunseri, Metairie, for Patricia Ruello-Nicaud and Wallace Nicaud, III.


SCHOTT, C.J., ARMSTRONG, J., and GULOTTA, J. Pro Tem.

SCHOTT, Chief Judge.

On the application of Allstate Insurance Company, we grant certiorari in order to consider the validity of a judgment of the trial court overruling relator's exception of prescription. The issue is whether a suit filed by facsimile transmission (FAX) is timely filed when the FAX reaches the clerk's office after hours on the last day for timely filing, but the receipt of the FAX is not...

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