Legal Opinion

Henry v. United Southern Assurance Co.

Louisiana Court of Appeal

Decided February 2, 2005No. 04-1093Published

1Opinion of the Court

| THIBODEAUX, Chief Judge.

Plaintiff, Norma Henry, appeals the judgment of the trial court which dismissed her lawsuit on the basis of abandonment. The trial court concluded that no steps had been taken for a period greater than three years after the submission of evidence during ,a hearing to confirm a preliminary default. Initially, the trial court allowed the record to remain open -for the submission of further proof. We affirm pursuant to La.Code Civ.P. art. 561.

I

ISSUE

We shall consider whether the three-year time limitation on abandonment in La.Code Civ.P. art. 561 applies solely to…

2Cases cited5 opinions

  1. Clark v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 2001
  2. Sanders v. LukeLouisiana Court of Appeal · 1957
  3. State, Department of Highways v. JacksonLouisiana Court of Appeal · 1968
  4. Putch v. StraughanLouisiana Court of Appeal · 1981
  5. Nora v. StanfordSupreme Court of Louisiana · 1994

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