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KANUK v. POHLMANN

No. 7598.

338 So.2d 757 (1976)

Donald W. KANUK and Mrs. Lastenia Viguez Kanuk et al. v. Melvin H. POHLMANN and Robert Conn.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 16, 1976.

Writ Refused January 19, 1977.

Attorney(s) appearing for the Case

Nelson, Nelson & Lombard, Ltd., Irving H. Koch, New Orleans, for plaintiffs-appellants.

Lenfant & Villere, Plauche F. Villere, Jr., New Orleans, for defendant-appellee Melvin Pohlmann.

John J. McCann and Raoul P. Sere, John J. McCann, New Orleans, for defendant-appellee Robert Conn.

Before LEMMON, GULOTTA and BEER, JJ.

LEMMON, Judge.

The principal issue in plaintiffs' appeal from a judgment dismissing their suit under C.C.P. art. 561 is whether the filing of an unsigned motion to fix for trial on the merits constituted a step in the prosecution of the case so as to prevent dismissal for abandonment.

Between April 8, 1970 (when plaintiffs filed an amended petition) and August 12, 1975 (when defendants moved to dismiss the case for...

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