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YATES v. BAILEY

No. 34,274-CA.

774 So.2d 1103 (2000)

Gary N. YATES, Plaintiff-Appellant, v. Nathan and Kim BAILEY, Terra Nova Insurance Company, Limited, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

December 6, 2000.

Attorney(s) appearing for the Case

Steven L. Rushing, Counsel for Appellant.

Walter C. Dunn, Jr., Monroe, Counsel for Appellees, Nathan & Kim Bailey.

Hudson, Potts & Bernstein by Jan P. Christiansen, Monroe, Counsel for Appellee, Terra Nova Ins. Co., Ltd.

Before BROWN, GASKINS and CARAWAY, JJ.

BROWN, J.,

This personal injury lawsuit was filed on August 10, 1994.1 The last action taken by any party in the prosecution of the suit consisted of some discovery occurring in September and October of 1995. On March 6, 2000, plaintiff filed a motion to set the case for trial. Defendant insurer's motion to dismiss the suit on grounds of abandonment was filed and signed ex parte on March 23, 2000. The trial court granted the motion pursuant...

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