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CANTRELLE v. BLOCK

No. 2000 CA 0540.

808 So.2d 593 (2001)

J. Norris CANTRELLE, Executor of the Succession of John M. Foret, et al. v. Jerald P. BLOCK.

Court of Appeal of Louisiana, First Circuit.

May 11, 2001.

Attorney(s) appearing for the Case

F. Scott Kaiser, Rebecca B. Crawford, Baton Rouge, for Plaintiffs—Appellants J. Norris Cantrelle, Executor of the Succession of John M. Foret, Mary Foret Pierce, and Patti Foret Armand.

Michael P. Mentz, Kurt D. Engelhardt, Metairie, for Defendant—Appellee Jerald P. Block.

Before: FOIL, FOGG, and CLAIBORNE, JJ.

FOGG, J.

In this legal malpractice action, the plaintiffs appeal a judgment involuntarily dismissing their legal malpractice action for failure to request service of process upon the defendant within ninety days of filing the petition. For the following reasons, we reverse.

The plaintiffs filed a legal malpractice action against Jerald P. Block on April 27, 1999. Indicated on the petition was a notice to "withhold service" at that time. On July 27, 1999, the...

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