SEATON v. MARTIN

No. 11992.

402 So.2d 740 (1981)

Aggie Morris SEATON and Belinda Ellison v. Michael MARTIN, et al.

Court of Appeal of Louisiana, Fourth Circuit.

July 7, 1981.


Attorney(s) appearing for the Case

Paul Brian Spurlock, New Orleans, for plaintiffs-appellants.

Borrello & Huber, Steven L. Huber, Metairie, for defendants-appellees.

Before BOUTALL, BARRY and KLEES, JJ.


BARRY, Judge.

Plaintiffs appeal a judgment which dismissed their lawsuit based upon defendants' peremptory exception of res judicata.

Plaintiffs originally sued for damages because of personal injuries resulting from an alleged attack by the defendants. Subsequently, plaintiffs' attorney withdrew by written notice and new counsel was substituted. On the day of trial plaintiffs and their attorney failed to appear and their petition was dismissed. Five days...

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