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DAVIS v. MAYBERRY

No. 2000-CA-1266.

802 So.2d 974 (2001)

Anna C. DAVIS v. Charles MAYBERRY, Ralph Whalen, Janet Woodka, and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

November 28, 2001.

Attorney(s) appearing for the Case

Prescott L. Barfield, Mandeville, LA, Counsel for Plaintiff/Appellant.

Daniel A. Rees, Rees & Rees Attorneys at Law, L.L.C., Breaux Bridge, LA, Counsel for Defendant/Appellee The Home Insurance Company.

Lindsey M. Ladouceur, Ladouceur & Ladouceur, L.L.C., New Orleans, LA, Counsel for Defendant/Appellee Janet Woodka.

Court composed of Chief Judge WILLIAM H. BYRNES, III, Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY, Judge DAVID S. GORBATY.

PATRICIA RIVET MURRAY, Judge.

Plaintiff, Dr. Anna C. Davis, appeals a judgment dismissing her suit with prejudice for failure to appear at trial. We reverse for the reasons that follow.

The relevant procedural history reflected in the record establishes that Dr. Davis' suit was filed on June 15, 1994 against her ex-husband, Charles Mayberry, and his attorneys, Ralph S. Whalen, Jr. and Janet L. Woodka. The case was allotted to Judge Max N. Tobias, Jr., who...

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