MIDDLETON v. MIDDLETON

No. 19691-CA.

526 So.2d 859 (1988)

Margie Dejean MIDDLETON, Plaintiff-Appellant, v. Charles MIDDLETON, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied July 7, 1988.


Attorney(s) appearing for the Case

Smitherman, Lunn, Chastain & Hill by John A. Richardson and Gordon N. Blackman, Jr., LaBreche & Webb by Wayne E. Webb, Shreveport, for plaintiff-appellant.

Wiener, Weiss, Madison & Howell by Susie Morgan, Shreveport, for defendant-appellee.

Before HALL, MARVIN and FRED W. JONES, Jr., JJ.


MARVIN, Judge.

In this community property partition suit, the divorced Ms. Middleton appeals a judgment dismissing her action as "abandoned" because of her failure "to take any step [toward] prosecution" for five years under CCP Art. 561.

She contends Mr. Middleton's steps— withdrawing an earlier answer by a curator and filing a more detailed answer, a reconventional demand, and discovery requests...

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