PATERNOSTRO v. FALGOUST

No. 2003 CA 2214.

897 So.2d 19 (2004)

Brazil PATERNOSTRO v. Quentin D. FALGOUST, M.D.

Court of Appeal of Louisiana, First Circuit.

Writ Denied December 17, 2004.


Attorney(s) appearing for the Case

Stephanie C. Reuther, Chalmette, Sherif K. Sakla, M.D., Gretna, Counsel for Plaintiff/Appellant Brazil Paternostro.

Joseph A. Reilly, Jr., Stacy A. LeCompte, Houma, Counsel for Defendant/Appellee Quentin D. Falgoust, M.D.

Before: GUIDRY, GAIDRY, and McCLENDON, JJ.


GUIDRY, J.

In this personal injury action, plaintiff, Brazil Paternostro, appeals the trial court's granting of defendant's, Quentin D. Falgoust, M.D., motion to dismiss the action as abandoned. For the reasons that follow, we amend and, as amended, affirm.

FACTS AND PROCEDURAL HISTORY

In 1992, plaintiff underwent two surgical procedures on his eyes to correct myopia, which were performed by Dr. Falgoust. On June 20, 1997, plaintiff filed a petition...

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