SIMONEAUX v. SUN ERECTION COMPANY

No. 88-CA-0139.

531 So.2d 1136 (1988)

Clifton SIMONEAUX, III v. SUN ERECTION COMPANY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

September 16, 1988.


Attorney(s) appearing for the Case

Darleen M. Jacobs, Brian Beckwith, New Orleans, for plaintiff-appellant.

James L. Donovan, Kevin K. Gipson, Donovan & Lawler, Metairie, for intervenor Associated and Indem. Corp.

Charles L. Chassaignac, Carmelite M. Bertaut, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, for defendant-appellee Standard Roofing Co. of New Orleans, Inc.

Before BARRY, CIACCIO and WARD, JJ.


CIACCIO, Judge.

Plaintiff appeals a summary judgment in favor of defendants. A procedual complication, however, prevents us from considering the merits of plaintiff's appeal. We, therefore, dismiss the appeal, without prejudice, and remand the matter to the district court.

Plaintiff filed this action in 1980. Defendants filed motions for summary judgment, but before a hearing was held plaintiff died. Apparently unaware of plaintiff's death, counsel and the...

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