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SIMMONS v. BRAQUET

No. 99 CA 1534.

762 So.2d 766 (2000)

Dorothy SIMMONS and Michelle Boutte v. Brian J. BRAQUET, Conques Trucking Company and Clarendon National Insurance Company.

Court of Appeal of Louisiana, First Circuit.

June 23, 2000.

Attorney(s) appearing for the Case

Bret C. Beyer, Sr., Lafayette, for Appellants Plaintiffs Dorothy Simmons Michelle Boutte.

Arthur H. Andrews, Baton Rouge, for Appellees Defendants Clarendon National Ins. Co. Conques Trucking Company Brian J. Braquet.

Charles A. Schutte, Jr., Baton Rouge, for Defendant Barber Brothers Contracting Co., Inc.

Keely Y. Scott, Baton Rouge, for Defendants Pointe Coupee Parish Sheriff's Department Sheriff Paul Raymond Smith Earl G. Stuart, Jr. National Insurance Co.

Rhonda R. DeLee, Baton Rouge, for Defendant State of Louisiana through The DOTD.

Aubrey E. Denton, Lafayette, for Abdel Ibrahim, et al.

Before: FOIL, WHIPPLE and GUIDRY, JJ.

FOIL, J.

This appeal challenges the dismissal of a suit against various defendants on the basis that plaintiffs failed to request service on the defendants within ninety days after filing suit against them as required by La. R.S. 13:5107. We find the trial judge erred in dismissing one of the defendants from this lawsuit pursuant to that provision and in dismissing the suit with prejudice as to the remaining defendants. In all other respects, we affirm.

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