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FERNANDEZ v. SMITH

No. 90-C-0116.

559 So.2d 905 (1990)

Julio FERNANDEZ, Jr. v. Paul L. SMITH, et al.

Court of Appeal of Louisiana, Fourth Circuit.

March 29, 1990.

Attorney(s) appearing for the Case

Jerry G. Fisher, New Orleans, and Kirk A. Vaughn, Arabi, for respondents.

David J. Mitchell and Dan Richard Dorsey, New Orleans, for relator.

William A. Roe, Belle, Chasse, for amicus curiae.

LOBRANO, PLOTKIN and BECKER, JJ.

BECKER, Judge.

Plaintiff filed suit against Paul Smith and relator State Farm Mutual Auto Insurance Company. Relator answered and filed a cross-claim and a request for jury trial. Relator posted a $5,000.00 jury bond as ordered by the trial court. The case was scheduled for trial but was settled on the morning of trial. Prospective jurors had been subpoenaed and were present, but voir dire had not commenced when the case was settled. The trial court ordered relator...

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