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LANDRY v. THOMAS

No. 13072.

422 So.2d 513 (1982)

Donald P. LANDRY, Sr. v. John THOMAS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 21, 1982.

Attorney(s) appearing for the Case

Edward A. Kunz, New Orleans, for plaintiff-appellee.

Julian J. Rodrigue, Covington, for defendant-appellee.

Before GULOTTA, KLEES and AUGUSTINE, JJ.

AUGUSTINE, Judge.

Plaintiff, Donald P. Landry, appeals the order of dismissal entered by the trial court in favor of the defendant, John Thomas. The dismissal was granted on the authority of Louisiana Code of Civil Procedure Art. 561, which provides:

"An action is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of five years. This provision shall be operative without formal order, but on ex parte...

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