Seaton v. Martin

BARRY, Judge.

Plaintiffs appeal a judgment which dismissed their lawsuit based upon defendants’ peremptory exception of res judicata.

Plaintiffs originally sued for damages because of personal injuries resulting from an alleged attack by the defendants. Subsequently, plaintiffs’ attorney withdrew by written notice and new counsel was substituted. On the day of trial plaintiffs and their attorney failed to appear and their petition was dismissed. Five days later plaintiffs’ original attorney enrolled again and he filed a motion for a new trial, but the motion was summarily denied when plaintiffs…