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CLARK v. STATE FARM MUT. AUTO. INS. CO.

No. 2000-CC-3010.

785 So.2d 779 (2001)

James L. CLARK, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

Supreme Court of Louisiana.

May 15, 2001.

Attorney(s) appearing for the Case

James H. Askew, Shreveport, Counsel for Applicant.

Theodore J. Casten, Casten & Pearce, Shreveport, Counsel for Respondent.

CIACCIO, Justice pro tempore.*

This is a personal injury action arising out of a motor vehicle accident. The sole issue is whether this action was properly dismissed as abandoned pursuant to La. C. Civ. Pro. art. 561. Characterizing defendant-insurer's unconditional tender pursuant to the statutory requirement of La. Rev.Stat. 22:658 A(1) as a step in the defense, the trial court found the suit was not abandoned. Reversing, the court of...

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