Legal Opinion
Dempster v. Louisiana Health Services & Indemnity Co.
Louisiana Court of Appeal
Decided March 10, 1999No. 98-CA-1112PublishedCited by 12 opinions
1Opinion of the Court
GAUDIN, Judge.
lx In 1997, the Louisiana legislature amended LSA-C.C.P. art. 561 whereby an action in court is considered abandoned when the parties fail to take a step in its prosecution or defense for a period of three years. Previously, the article required five years before abandonment set in. At prime issue in this appeal is whether the three-year abandonment provision can by applied retroactively.
A trial judge in the 23 rd Judicial District Court held that the amended article can and should be applied retroactively. We affirm. Article 561, before and after being amended by Act 1221 of…
2Cases cited4 opinions
- Ardoin v. Hartford Acc. & Indem. Co.Supreme Court of Louisiana · 1978
- Segura v. FrankSupreme Court of Louisiana · 1994
- St. Paul Fire & Marine Ins. Co. v. SmithSupreme Court of Louisiana · 1992
- Graham v. Sequoya Corp.Supreme Court of Louisiana · 1985
3Cited by12 opinions
- Huddleston v. FARMERS-MERCH. BANK & TRUSTLouisiana Court of Appeal · 2000
- Coe v. State, Health Care AuthorityLouisiana Court of Appeal · 2000
- Alexander v. Liberty Terrace Subdivision, Inc.Louisiana Court of Appeal · 2000
- Matthews v. FontenotLouisiana Court of Appeal · 1999
- Burkett v. Resolution Trust Corp.Louisiana Court of Appeal · 2000
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