Trainer v. Universal Box & Packaging Corp.

HALL, Judge.

The central issue presented by this writ application is whether plaintiff in this suit for executory process has a right to dismiss the suit and withdraw the note sued on where the defendant made no appearance but where other parties filed interventions which were pending at the time of filing the ex parte motion to dismiss. The district court, after originally granting plaintiff’s motion to dismiss, upon interve-nor’s motion set aside the judgment of dismissal, reinstated the suit and accompanying seizure, and ordered the note sued on returned to the record. We granted writs on…