Theisges v. Boudreaux

Donald THEISGES v. Nathan BOUDREAUX, et al.

Supreme Court of Louisiana

Decided July 2, 1999.

Supreme Court of Louisiana · decided 1999-07-02

Cited by 6 later decisions — most recently March 2009

6 state decisions

Key passage — most relied on by later courts

“Acts 1997, No. 1221 Section 2, provides that the amendment to La .Code Civ. P. art. 561 providing for a three year period of abandonment "shall become effective on July 1, 1998 and shall apply to all pending actions." Plaintiff failed to take any action in the suit for the three years before July 1, 1998, causing the suit to become abandoned on that date.”

quoted by 3 later decisions, including 772 So. 2d 370 - Griffin v. Campbell, 813 So. 2d 335 - James v. Formosa Plastics Corp. of La.

Relies on State v. Gray

Good law ✅— No negative treatment on recordhow we know

Decided 1999-07-02

View the full empirical analysis of this case →

¶1Granted. Acts 1997, No. 1221 Section 2 provides that the amendment to La.Code Civ.P. art. 561 providing for a three year period of abandonment "shall become effective on July 1, 1998 and shall apply to all pending actions." Plaintiff failed to take any action in the suit for the three years before July 1, 1998, causing the suit to become abandoned on that date. See Bourgeois v. Veal, 99-0786 (La.5/7/99), 740 So.2d 1291. Accordingly, the judgment of the trial court is reversed, and judgment is entered in favor of relators, dismissing plaintiffs suit as abandoned.

¶2CALOGERO, C.J. not on panel.

¶3LEMMON, J. would grant and docket.