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SMART v. VAZQUEZ

No. 2012-CA-1694.

119 So.3d 901 (2013)

Rev. James SMART, III, as the Universal Successor of the Succession of Henry Walton v. Cesar J. VAZQUEZ, Esq., John D. Rawls, Esq. and Vazquez and Rawls, A.P.L.C., d/b/a Nursing Home Advocates, Working Thru J.A.G.S. Consultant, L.L.C.

Court of Appeal of Louisiana, Fourth Circuit.

June 12, 2013.

Attorney(s) appearing for the Case

William D. Aaron, Jr., DeWayne L. Williams, Candice Richards-Forest, Goins Aaron, APLC, New Orleans, LA, for Plaintiff/Appellant.

C. William Bradley, Jr., Bradley Murchison Kelly & Shea, LLC, Gustave A. Fritchie, III, Kelly E. Brilleaux, Irwin Fritchie Urquhart & Moore LLC, New Orleans, LA, John Dowling Rawls, Attorney at Law, Laramie, WY, for Defendant/Appellee.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge ROLAND L. BELSOME, Judge MADELEINE M. LANDRIEU).

MADELEINE M. LANDRIEU, Judge.

This is a legal malpractice action which the trial court dismissed on an exception of peremption finding that it was filed more than three years after the alleged act of malpractice sued upon. Because we find that the trial court properly applied the three-year preemptive period set forth in Louisiana Revised Statute 9:5605 and because we find the fraud exception in that statute to be inapplicable to the facts presented here, we affirm...

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