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HIGHLANDS INS. CO. v. CITY OF LAFAYETTE

No. 84-248.

453 So.2d 608 (1984)

HIGHLANDS INSURANCE COMPANY, Plaintiff-Respondent, v. CITY OF LAFAYETTE, et al., Defendants-Respondents.

Court of Appeal of Louisiana, Third Circuit.

Writ Granted October 12, 1984.

Attorney(s) appearing for the Case

Allen, Gooch & Bourgeois, Kenneth N. Hawkins, Lafayette, for defendants-relators.

Onebane, Donohue, Bernard, Torian, Diaz, McNamara & Abell, Associates, Richard J. Pitre, Jr., for plaintiff-respondent.

Welton P. Mouton, Jr. and Michael Fontenot, Voorhies & Labbe, Marc W. Judice, Andrus, Preis & Kraft, Edwin G. Preis, Jr., Lafayette, for defendant-respondent.

Before STOKER, DOUCET and YELVERTON, JJ.

STOKER, Judge.

Does the giving of a notice of intention to take a deposition not pursuant to an order of court but filed in the record of the action in question prevent the running of the five years which will otherwise result in the action being deemed abandoned and subject to dismissal under LSA-C.C.P. art. 561? This is the issue to be decided in this case.

The case comes up on a writ which we granted following...

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