WHITNEY NAT. BANK v. GOLDSMITH

No. 2004-CA-0707.

913 So.2d 124 (2005)

WHITNEY NATIONAL BANK v. Bernard H. GOLDSMITH, Leona M. Goldsmith, James B. Goldsmith, Robin W. Goldsmith, M.J. Robichaux, Jr., Bernard Lumber Company, Inc., Bernard Lumber Company-Slidell, Inc., Bernard H. Goldsmith, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 14, 2005.


Attorney(s) appearing for the Case

William D. Aaron, Jr., Brian E. Sevin, Sr., Mark C. Carver, Goins Aaron, P.L.C., New Orleans, LA, for Plaintiff/Appellant.

Justin A. Zitler, New Orleans, LA, for Defendant/Appellee, James Goldsmith.

Stephen O. Scandurro, Jean-Paul Layrisson, Scandurro & Layrisson, L.L.C., New Orleans, LA, for Defendant/Appellee, Robin W. Goldsmith.

Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge CHARLES R. JONES, Judge JAMES F. McKAY III, Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE.


JAMES F. McKAY III, Judge.

BACKGROUND DISCUSSION OF THE PERTINENT FACTS:

At issue is whether the trial court erred in dismissing this case, filed in 19911 by appellant2, as abandoned, and if so, whether the dismissal should have been with prejudice, as was so ordered. The crux of the matter involves whether appellant's filing a Third Set of Interrogatories in the record in 1998, but not serving it...

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