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THOMAS v. STATE

No. 7523.

383 So.2d 108 (1980)

Lumey THOMAS et ux., Plaintiffs-Appellants, v. STATE of Louisiana et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

April 9, 1980.

Attorney(s) appearing for the Case

Andrew S. Vallien, Natchitoches, for plaintiffs-appellants.

Mayer, Smith & Roberts, Caldwell Roberts, William M. Cady, III, Shreveport, for defendants-appellees.

Before SWIFT, STOKER, and LABORDE, JJ.

STOKER, Judge.

Plaintiffs, Lumey Thomas and Mary C. Thomas, appeal from a judgment dismissing their tort action against defendants with prejudice for failure to appear at trial, pursuant to LSA-C.C.P. art. 1672. Plaintiffs contend that the trial judge erred in dismissing the action with prejudice.

LSA-C.C.P. art. 1672 provides:

A judgment dismissing an action shall be rendered upon application of any party, when the plaintiff fails to appear on the...

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