Legal Opinion · Dissent

Delacruz v. Anadarko Petroleum Corp.

Louisiana Court of Appeal

Decided December 3, 2014No. 2014-CA-0433Published

1DissentJenkins, J.

hi respectfully dissent. I do not agree with the majority’s finding that “the last step in the prosecution was the trial court’s July 19, 2011 order continuing the trial.” For reasons I previously discussed in dissent to this Court’s decision in Heirs of Simoneaux v. B-P Amoco, 13-0760 (La.App. 4 Cir. 2/5/14), 131 So.3d.1128, I do not find that a continuance without date constitutes a step in the prosecution of a case; it does not hasten the case toward trial and judgment. Moreover, I find this Court’s reasoning and holdings in the instant case, as well as Heirs of Simoneaux and Dean v.…

2Cases cited5 opinions

  1. Clark v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 2001
  2. Hutchison v. Seariver Maritime, Inc.Louisiana Court of Appeal · 2009
  3. Dean v. Delacroix Corp.Louisiana Court of Appeal · 2012
  4. Bourg v. Entergy Louisiana, LLCLouisiana Court of Appeal · 2013
  5. London Livery, Ltd. v. BrinksLouisiana Court of Appeal · 2008

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