NORA v. STANFORD

No. 93-18.

625 So.2d 309 (1993)

V.C. NORA, Jr., Plaintiff-Appellant, v. Lewis STANFORD, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 12, 1993.


Attorney(s) appearing for the Case

Robert C. Thomas, Natchitoches, for V.C. Nora, Jr.

Steven D. Crews, Natchitoches, for Lewis Stanford.

Before STOKER, LABORDE and YELVERTON, JJ.


YELVERTON, Judge.

An action (other than certain succession proceedings) is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of five years. La.Code Civ.P. art. 561. The issue in this case is whether an action is abandoned by the passage of five years without formal action before the court and on the record following rendition of judgment but before the signing of a final judgment.

The procedural...

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