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Dauterive Contractors

3/13/2002

e right of access. The record is, therefore, without evidentiary support for those claims. Absent such proof, his constitutional attack falls. Furthermore,


he test for determining the constitutional validity of a limitation statute is whether it allows a reasonable time for the assertion of the right or the enforcement of the obligation; the legislature is primarily the judge of the reasonableness of the time allowed. Unless the time allowed is so short as to amount to a denial of justice, the courts will not interfere. Guillory v. Guillory by Arceneaux, 615 So.2d 975, 977 (La.App. 1 Cir. 1993) (citations omitted).


The time limitations in La.R.S. 9:5605 are not so inadequately short as to deny justice to a litigant.


IV.


CONCLUSION


We conclude by reiterating the words from the Louisiana Supreme Court, that " hile the terms of the legal malpractice statute of limitations statute may seem unfair in that a person's claim may be extinguished before he realizes the full extent of his damage, the enactment of such a statute of limitations is exclusively a legislative prerogative." Reeder, 701 So.2d at 1296. For the reasons assigned, the judgment appealed from is affirmed insofar as it grants the Landry & Watkins' exception of prescription/peremption.


All costs are assessed to Dauterive Contractors, Inc.


AFFIRMED.






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