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MATTHEWS v. FONTENOT

No. 99-CA-0484.

745 So.2d 691 (1999)

Wilson MATTHEWS and Aaron Bowser v. Marvin FONTENOT, Roadway Express, Inc. and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

September 29, 1999.

Attorney(s) appearing for the Case

T. George Delsa, Metairie, Louisiana, Attorney for Plaintiffs/Appellants, Wilson Matthews and Aaron Bowser.

H.F. Foster, III, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, Louisiana, Attorneys for Defendant/Appellee, Roadway Express, Inc.

Court composed of Chief Judge ROBERT J. KLEES, Judge PATRICIA RIVET MURRAY and Judge JAMES F. McKAY, III.

MURRAY, Judge.

Wilson Matthews and Aaron Bowser appeal the dismissal of their personal injury suit on grounds of abandonment. We affirm.

On November 21, 1994, plaintiffs' former attorney filed a petition for damages arising from an automobile accident that had occurred in November 1993. The petition concluded with the notation, "SERVICE INSTRUCTIONS TO FOLLOW." However, no further action was taken until July 15, 1998, when new counsel enrolled in the matter...

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