Legal Opinion

Payton v. Lake Lawn Park, Inc.

Louisiana Court of Appeal

Decided November 10, 2015No. 2015-CA-0274PublishedCited by 4 opinions

1Opinion of the Court

MADELEINE M. LANDRIEU, Judge.

1 plaintiffs, who are the heirs of Mrs. Alma Bell Payton, appeal the trial court’s order dismissing their action as abandoned. For the following reasons, we vacate the order of dismissal and remand the matter to the trial court for a hearing on the issue of abandonment.

FACTS AND PROCEEDINGS BELOW

On January 31, 1997, the plaintiffs filed this action against Lake Lawn Park, Inc. and Lawyer’s Title of Louisiana, Inc. seeking damages for negligence and breach of contract.1 The plaintiffs alleged that when Mrs. Payton’s property located on Robert Street in New Orleans…

2Cases cited3 opinions

  1. Clark v. City of HammondLouisiana Court of Appeal · 2000
  2. Lion Investbanc Corp. v. River Products, Inc.Louisiana Court of Appeal · 2002
  3. Wilson v. KoenigLouisiana Court of Appeal · 2000

3Cited by4 opinions

  1. Juengain v. TervalonLouisiana Court of Appeal · 2017
  2. Hancock Bank of Louisiana (formerly First National Bank of Denham Springs) v. Leonard A. Robinson and Peggy M. Hairston RobinsonLouisiana Court of Appeal · 2021
  3. Household Fin. Corp. v. BorryLouisiana Court of Appeal · 2018
  4. Household Fin. Corp. v. BorryLouisiana Court of Appeal · 2018

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