DEMPSTER v. LA. HEALTH SERV. & INDEM. CO.

No. 98-CA-1112.

730 So.2d 524 (1999)

Tana DEMPSTER v. LOUISIANA HEALTH SERVICES & INDEMNITY COMPANY d/b/a Blue Cross/Blue Shield of Louisiana.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied April 5, 1999.


Attorney(s) appearing for the Case

Paul G. Aucoin, Vacherie, Louisiana, Counsel for plaintiff-appellant.

David R. Kelly, Avery Lea Griffin, Breazeale, Sachse & Wilson, Baton Rouge, Louisiana, Counsel for defendant-appellee.

Court composed of Judges H. CHARLES GAUDIN, CHARLES GRISBAUM, Jr. and JAMES L. CANNELLA.


GAUDIN, Judge.

In 1997, the Louisiana legislature amended LSA-C.C.P. art. 561 whereby an action in court is considered abandoned when the parties fail to take a step in its prosecution or defense for a period of three years. Previously, the article required five years before abandonment set in. At prime issue in this appeal is whether the three-year abandonment provision can by applied retroactively.

A trial judge in the 23 rd Judicial District Court held...

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