STATE v. DAVIS INDUSTRIES, INC.

No. 85-CA-117.

472 So.2d 72 (1985)

STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (OFFICE OF HIGHWAYS) v. DAVIS INDUSTRIES, INC.

Court of Appeal of Louisiana, Fifth Circuit.

June 3, 1985.


Attorney(s) appearing for the Case

Floyd J. Reed, New Orleans, for defendant-appellant.

Richard M. Upton, State of La., Dept. of Transp. & Development, Baton Rouge, for plaintiff-appellee.

Before BOUTALL, BOWES and GAUDIN, JJ.


GAUDIN, Judge.

The main issue involved in this appeal is whether the trial judge erred in dismissing this proceeding without prejudice after granting defendant's motion for a directed verdict. The plaintiff had rested its case after calling one witness.

Appellant-defendant contends that the dismissal should have been with prejudice. We agree, holding that once a petitioner rests his case in a civil matter and the defendant moves for a directed...

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