ROURKE v. COURSEY

No. 5661.

338 So.2d 1197 (1976)

John C. ROURKE, M.D., and Lee J. Marsalise, et al., Plaintiffs and Appellees, v. Victor E. COURSEY, Jr., Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

November 10, 1976.


Attorney(s) appearing for the Case

Sanders, Miller, Downing & Kean by Robert A. Hawthorne, Jr., Baton Rouge, Jones, Patin, Harper, Tete & Wetherill by James C. Hanchey, Lake Charles, for defendant and appellant.

Scofield, Bergstedt & Gerard by Robert L. Hackett, Lake Charles, for plaintiffs and appellees.

Before CULPEPPER, WATSON and HUMPHRIES, JJ.


CULPEPPER, Judge.

Defendant appeals from a judgment granting plaintiffs' motion to dismiss without prejudice plaintiffs' suit for a deficiency judgment.

The decisive issue is whether the trial judge abused his discretion in dismissing plaintiffs' suit without prejudice after defendant filed an answer.

The record shows that defendant purchased from plaintiffs a large tract of land. $1,850,000 of the purchase price was represented by a promissory note...

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