Legal Opinion · Concurrence

Dr. Carrol I. Fischer, Jr. v. Chad Rogers, Cuvee, L.L.C., Decatur Hotels, LLC and the New Orleans Board of Trade, Limited

Louisiana Court of Appeal

Decided October 9, 2019No. 2019-CA-0337Published

1Concurrence

DR. CARROL I. FISCHER, JR. * NO. 2019-CA-0337 VERSUS * COURT OF APPEAL CHAD ROGERS, CUVEE, * FOURTH CIRCUIT L.L.C., DECATUR HOTELS, LLC AND THE NEW * STATE OF LOUISIANA ORLEANS BOARD OF TRADE, LIMITED * * ******* CHASE, J., CONCURS WITH REASONS. I join in the majority’s opinion but write separately to emphasize the split in the Circuits. While I recognize that dismissal of a case because of abandonment is a harsh remedy which should be employed sparingly, there is clearly a dispute amongst the courts as to whether continuing a trial without date constitutes a step in the prosecution of the…

2Cases cited3 opinions

  1. Hutchison v. Seariver Maritime, Inc.Louisiana Court of Appeal · 2009
  2. Bourg v. Entergy Louisiana, LLCLouisiana Court of Appeal · 2013
  3. Taylor v. Dash Equip. & Supplies, Inc.Louisiana Court of Appeal · 2018

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