Sims v. American Insurance Co.

_JjAt issue in this case is whether plaintiffs’ dismissal with prejudice of a lawsuit filed in federal court after the defendant has made a general appearance of record is a “voluntary dismissal” for purposes of La. C.C. art. 3463, which provides “[ijnter-ruption [of prescription] is considered never to have occurred if the plaintiff abandons, voluntarily dismisses the action at any time either before the defendant has made any appearance of record or thereafter ...” After reviewing the record and the applicable law, we reverse the judgment of the court of appeal and find that plaintiffs’…