Legal Opinion
Pelto Oil Co. v. Collector of Revenue
Louisiana Court of Appeal
Decided December 21, 1982No. Nos. 82 CA 0365-82 CA 0368PublishedCited by 7 opinions
1Opinion of the Court
CARTER, Judge.
This is an appeal from a dismissal of plaintiffs’ suits for abandonment by the failure of the plaintiffs or defendant to take any steps in the prosecution (or defense) in the trial court for a period of five years. LSA-C.C.P. art. 561. We amend and affirm.
The primary issue to be decided is whether negotiations and correspondence between counsel for plaintiffs and counsel for defendant constitute a step in the prosecution or defense of these suits in the trial court within the five-year period required by Art. 561 of the Code of Civil Procedure, precluding dismissal of the suits..
2Cases cited8 opinions
- Melancon v. Continental Casualty CompanySupreme Court of Louisiana · 1975
- Kanuk v. PohlmannLouisiana Court of Appeal · 1977
- DeClouet v. Kansas City Southern Railway CompanyLouisiana Court of Appeal · 1965
- Am. Eagle, Inc. v. EMPLOYERS'LIABILITY ASSUR. CORP.Louisiana Court of Appeal · 1980
- McClure v. A. Wilbert's Sons Lumber & Shingle Co.Louisiana Court of Appeal · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chevron Oil Co. v. TraigleSupreme Court of Louisiana · 1983
- State, Dept. of Hwys. v. Enserch Corp.Louisiana Court of Appeal · 1990
- Freedlander, Inc. v. CertainLouisiana Court of Appeal · 1993
- Chevron Oil Co. v. TraigleSupreme Court of Louisiana · 1983
- Exchange Oil & Gas Corp. v. TraigleSupreme Court of Louisiana · 1983
2 more not listed; retrieve them via the Exa API.