Court of Appeal of Louisiana, Fourth Circuit.https://leagle.com/images/logo.png
March 19, 1997.
Rehearing Denied April 15, 1997.
Attorney(s) appearing for the Case
Gerolyn P. Roussel, Perry J. Roussel, Jr., Roussel & Roussel, LaPlace, for Plaintiffs/Appellees Lucille H. Potter, June Carol Potter Liemann and John Potter, Jr.
Charlton B. Ogden, III, Carter B. Wright, Monroe & Lemann, New Orleans, for Lou Shirley, Ed Kimball and NOPSI.
Andrew L. Plauché, Jr., Plauché, Maselli & Landry, New Orleans, for John Crane, Inc.
Stephen N. Elliott, Dawn M. Palmisano, Bernard, Cassisa & Elliott, Metairie, for Reilly-Benton.
Glenn B. Adams, Porteous, Hainkel, Johnson & Sarpy, New Orleans, for Fibreboard Corporation.
Anthony J. Staines, Valerie A. Young, Staines, Eppling & Meyers, Metairie, for Richard Klinger, Inc.
Michael T. Cali, Frilot, Partridge, Kohnke & Clements, New Orleans, for Owens-Corning Fiberglas Corporation.
Leon Gary, Jr., William L. Schuette, Jr., Madeleine Fischer, Jennifer L. Anderson, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Baton Rouge, for Westinghouse Electric Corporation.
Troy N. Bell, Aultman, Tyner, McNeese, Ruffin & Laird, New Orleans, for Garlock, Inc. and Anchor Packing.
C. Kelly Lightfoot, Hailey, McNamara, Hall, Larmann & Papale, Metairie, for Taylor-Seidenbach, Inc.
Robert E. Kerrigan, Jr., A. Wendel Stout, III, Janet MacDonell, Gary B. Roth, William C. Harrison, Lisa C. Winter, Deutsch, Kerrigan & Stiles, New Orleans, for Armstrong World Industries.
Susan B. Kohn, Simon, Peragine, Smith & Redfearn, New Orleans, for McCarty Corporation.
Before BYRNES, ARMSTRONG and JONES, JJ.
Court of Appeal of Louisiana, Fourth Circuit.
ARMSTRONG, Judge.
This case involves a mistaken voluntary dismissal with prejudice of an entire personal injury action despite the fact that only one of several defendants had settled with the plaintiffs. The trial court ruled that the mistaken judgment is a nullity. We find that the mistaken judgment could have and should have been set aside upon the plaintiffs' motion for new trial and we need not reach the question of nullity. Thus, we affirm the result reached...
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