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Holmes v. Louisiana Citizens Prop. Ins. Co.

Court of Appeal of Louisiana, Fifth Circuit

February 25, 2015

DEBORAH HOLMES
v.
LOUISIANA CITIZENS PROPERTY INSURANCE COMPANY

Page 801

ON APPEAL FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA. NO. 62,263, DIVISION " C" . HONORABLE J. STERLING SNOWDY, JUDGE PRESIDING.

JOSEPH M. BRUNO, MELISSA A. DEBARBIERIS, ATTORNEYS AT LAW, New Orleans, Louisiana, COUNSEL FOR PLAINTIFF/APPELLANT.

CHARLES M. HUGHES, JR., RACHAEL P. CATALANOTTO, RYAN G. DAVIS, ATTORNEYS AT LAW, Mandeville, Louisiana, COUNSEL FOR DEFENDANT/APPELLEE.

JOHN W. WATERS, JR., KRISTIN G. MOSELY JONES, ATTORNEYS AT LAW, New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLEE.

Panel composed of Judges Fredericka Homberg Wicker, Robert A. Chaisson, and Hans J. Liljeberg.

OPINION

HANS J. LILJEBERG, J.

Page 802

[14-599 La.App. 5 Cir. 3] Plaintiff seeks review of the trial court's judgment granting defendant's exceptions of prescription and lis pendens, and dismissing plaintiff's first supplemental and amending petition for damages. For the following reasons, we affirm the trial court judgment in part, reverse the judgment in part, and remand this case to the trial court for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Deborah Holmes, asserts that she was the owner of immovable property located at 1730 Creole Street in St. John the Baptist Parish, when Hurricane Katrina struck in August of 2005. Ms. Holmes contends that she suffered damage to this property as a result of the hurricane and that her damages were covered under her homeowner's insurance policy issued by defendant, Louisiana Citizens Property Insurance Corporation (" Citizens" ). On September [14-599 La.App. 5 Cir. 4] 19, 2011, Ms. Holmes filed a petition for damages against Citizens for claims arising out of Citizens' handling of her property damage claims.

On October 28, 2011, Citizens filed an exception of prescription, asserting that Ms. Holmes' claims were not timely filed and seeking dismissal of her lawsuit. After a hearing on December 20, 2011, the trial court granted Citizens' exception of prescription. Ms. Holmes appealed the trial court's judgment and, on appeal, this Court affirmed the trial court's judgment but remanded to allow Ms. Holmes the opportunity to amend or supplement her petition.[1] Williams v. Louisiana Citizens Prop. Ins. Co., 12-603 c/w 12-604 & 12-605, p. 6 (La.App. 5 Cir. 4/10/13), 115 So.3d 27, 31.[2]

On remand, Ms. Holmes filed a first supplemental and amending petition for damages, alleging that she is a putative member of the following class actions:

1) Orrill v. AIG, Inc., et al., No. 2005-11720, filed on October 2, 2005 in the Civil District Court for the Parish of Orleans;
2) Oubre v. Louisiana Citizens Fair Plan Property Insurance Corporation, No. 625-567, filed on November 18, 2005 in the 24th Judicial District Court;
3) Press v. Louisiana Citizens Property Insurance Corporation, No. 2006-5530, filed on June 27, 2006 in the Civil District Court for the Parish of Orleans;
4) Christenberry v. Louisiana Citizens Property Insurance Corp., No. 2006-0819, filed August 25, 2006 in the Civil District Court for the Parish of Orleans;
5) Buxton v. Louisiana Citizens Prop. Ins. Corp., No. 2006-08341, filed on August 25, 2006 in the Civil District ...

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