140 So. 3d 871
La. Ct. App.2014Background
- Meaux petitioned to establish paternity against Guidry (Sept 3, 2013); Guidry moved to perempt and no right of action (Sept 19, 2013).
- Trial court granted peremption and no right of action; Meaux appealed.
- Louisiana amended paternity law with Art. 197 in 2005, replacing Art. 209; retroactivity issues arose.
- Courts held Art. 197 applies prospectively; revival of prescribed claims not permitted.
- Meaux’s birth date and prior Art. 209 peremption meant his claim was prescribed; court affirmed.
- Judgment affirmed; Guidry awarded costs; typographical note corrected from prematurity to peremption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does La. Civ. Code Art. 197 revive prescribed paternity claims? | Meaux argues Art. 197 revives existing claims. | Guidry argues no revival; Art. 197 applies prospectively. | Art. 197 applies prospectively; does not revive prescribed claims. |
| Is retroactivity of Art. 197 compatible with prior Art. 209? | Meaux asserts retroactivity should apply to revive his claim. | Guidry contends retroactivity not applicable to already prescribed claims. | Retroactivity not applied to revive prescribed claims. |
| Was Meaux’s paternity claim perempted under Art. 209 before Art. 197? | Meaux asserts later change allows action. | Guidry relied on old peremption rules. | Under Art. 209, claim was perempted Aug 26, 1999; thus prescribed. |
Key Cases Cited
- Succession of McKay, Jr., 921 So.2d 1219 (La.App. 3 Cir. 2006) (Art. 197 revival requires clear legislative intent; prospective only.)
- Thomas v. Roberts, 106 So.3d 557 (La.App. 2 Cir. 2012) (Art. 197 retroactivity for non-deceased defendant scenario.)
- Chance v. American Honda Motor Co., Inc., 635 So.2d 177 (La.1994) (Revival of prescribed claims requires clear legislative intent; remedial changes are prospective.)