AKYAR v. LEE

No. 99-CA-806.

751 So.2d 411 (2000)

Nesrin AKYAR v. Dr. Frederick LEE.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied April 20, 2000.


Attorney(s) appearing for the Case

Jennifer N. Willis, R. Glenn Cater, Cater & Willis, New Orleans, Louisiana, Attorney for Appellant Nesrin Akyar.

Harold A. Thomas, New Orleans, Louisiana, Attorney for Appellee Dr. Frederick Lee.

Panel composed of Judges JAMES L. CANNELLA, THOMAS DALEY and MARION F. EDWARDS.


CANNELLA, Judge.

Plaintiff, Nesrin Akyar, appeals a judgment dismissing her case against defendant, Dr. Frederick Lee, on the basis of abandonment. We reverse and remand.

Plaintiff filed a medical malpractice action against defendant on May 11, 1991, after a medical review panel found in favor of defendant. An answer was filed in August of 1992. Defendant died. On July 23, 1998, defendant's counsel filed a motion to dismiss based on abandonment, La. C.C.P...

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