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Cole v. Loyd
Citations: 617 So. 2d 605; 1993 La. App. LEXIS 1430; 1993 WL 105655Docket: No. 92-599
Court: Louisiana Court of Appeal; April 7, 1993; Louisiana; State Appellate Court
The judgment in favor of James Lehane Cole, Alice Phillips Cole, James Lehane Cole, Jr., John Bailey Cole, Tina Cole, and the James L. Cole and Sons Partnership against the Succession of Jess Loyd, Jr. has been amended from $1,069,582 to $762,000. The court further amended the judgment to render $185,230.09 in favor of the plaintiffs, with legal interest from the date of judicial demand until paid, along with costs incurred. The National Union Fire Insurance Company of Pittsburgh, Pennsylvania's exception of no right of action regarding the claims of John Bailey Cole and Tina Cole, as well as James L. Cole, Jr., for $512,769.91 has been maintained. The claims for these plaintiffs are remanded to the district court, which is instructed to order the substitution of the trustee in bankruptcy as the proper plaintiff. Should the court-ordered substitution not occur within the specified timeframe, the claims of these three plaintiffs will be dismissed. Additionally, the entire Cole case is remanded for a limited hearing to gather evidence about the date of the filing of the Cole suit. If the suit was filed in 1988, the plea of prescription will be overruled. Conversely, if the filing date is determined to be July 1, 1991, the trial court is directed to uphold the plea of prescription, assess court costs, and dismiss the Cole suit. The judgment has been amended and affirmed, the exception of no right of action has been maintained, and the case is remanded with specific instructions.