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CUBAS v. BROWN

No. 2003-CA-0664.

853 So.2d 1138 (2003)

Carlos CUBAS v. James Everett BROWN and Liberty Mutual Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 25, 2003.

Attorney(s) appearing for the Case

Lamar M. Richardson, Mandeville, LA, for Plaintiff/Appellant, Carlos Cubas.

Timothy f. Upton, Allen I. Boudreaux, Jr., Nicholas J. Chauvin, Allen I. Boudreaux, Jr. & Associates, Metairie, LA, for Defendant/Appellee, Jairo Osorio.

(Court composed of Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, Jr., Judge LEON A. CANNIZZARO, Jr.).

LEON A. CANNIZZARO, Jr., Judge.

This is an appeal from the trial court's granting of an exception of insufficiency of service based on the plaintiff's failure to request service within ninety days of commencement of the action pursuant to La. C.C.P. art. 1201(C).

STATEMENT OF FACTS AND PROCEDURAL HISTORY

This case arises out of an automobile accident. The plaintiff/appellant, Carlos Cubas, was a guest passenger in a vehicle driven by the defendant...

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