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MALINOVSKY v. MIDLAND RISK INS. CO.

No. 2000 CA 2545.

826 So.2d 10 (2001)

Linda MALINOVSKY and David W. Malinovsky Individually and as Husband and Wife and Father and Mother and Confirmed Natural Tutors and Administrators of the Estate of and on Behalf of the Minor Child Kourtney Malinovsky v. MIDLAND RISK INSURANCE COMPANY, Charles J. Cavalier D/B/A Charlie Cavalier Trucking, Allstate Insurance Company, and Dr. Andrew S. Berens

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 31, 2002.

Attorney(s) appearing for the Case

Scott P. Yount, New Orleans, Counsel for Appellant Dr. Andrew S. Berens.

Richard A. Thalheim, Jr., Thibodaux, Counsel for Appellee Linda Malinovsky, et al.

T. Gregory Schafer, Timothy G. Schafer, New Orleans, Counsel for Appellee Midland Risk Insurance Co., Charles J. Cavalier D/B/A Charlie Cavalier Trucking.

Roy A. Jefferson, Jr., Houma, Counsel for Appellee Allstate Insurance Company.

Before: FOIL, PETTIGREW, and KLINE, JJ.

KLINE, J.

This is an appeal from a judgment of contempt of court for failure of a witness to appear at trial following receipt of a subpoena compelling his attendance. For the reasons that follow, we reverse.

FACTS AND PROCEDURAL HISTORY

Although the underlying factual basis for the instant lawsuit is not reflected by the record presented to this appellate court, as only portions of the record relevant to...

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