Delacruz v. Anadarko Petroleum Corp.
Louisiana Court of Appeal
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
- Clark v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 2001
- Hutchison v. Seariver Maritime, Inc.Louisiana Court of Appeal · 2009
- Dean v. Delacroix Corp.Louisiana Court of Appeal · 2012
- Bourg v. Entergy Louisiana, LLCLouisiana Court of Appeal · 2013
- London Livery, Ltd. v. BrinksLouisiana Court of Appeal · 2008