Sarratt v. Cappaert Enterprises

DUFRESNE, Judge.

This is an appeal by the legal successors of Wayne G. Sarratt, deceased plaintiff, from a judgment dismissing his suit in tort against F.L. Cappeart and his insurer, Home Indemnity Co., defendants, for failure of the above successors to timely substitute themselves as parties plaintiff in accordance with La.Code Civil Procedure Arts. 802-804. Because we find that the defendants failed to properly summon the successors as required by the above articles, we vacate the judgment appealed *785from, and remand the case for further proceedings in accordance with this opinion.

The purely…