D.W. Thomas & Son, Inc. v. Gregory

BROWN, CHIEF JUDGE.

| plaintiff, D.W. Thomas & Sons, Inc., has appealed from the trial court’s judgment dismissing its action against defendant, Diamond Mobile Home Park, L.L.C.,1 as abandoned pursuant to La. C.C.P. art. 561. For the reasons set forth below, we affirm.

Facts and Procedural History

On September 28, 2005, plaintiff filed the instant action seeking $54,500 alleged to be due under an oral modification of contract on a project that included dirt work, the clearing of some land and the building of a road. Defendant filed its answer and reconventional demand on November 28, 2005. The…