Hoerner v. Wesley-Jensen, Inc.

In re Pearle Vision Center, Inc.; — Defendants); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “H”, No. 89-25202; to the Court of Appeal, Fourth Circuit, No. 95CA-0553.

Denied. Relator may reraise exception of prescription after completion of the evidence at trial and on appeal in the event of an adverse judgment.

MARCUS, VICTORY and TRAYLOR, JJ., would grant the writ. LEMMON, J., not on panel; recused.