FILSON v. WINDSOR COURT HOTEL

No. 2004-CC-2893.

907 So.2d 723 (2005)

Lea Sinclair FILSON and Ron Filson v. WINDSOR COURT HOTEL, et al.

Supreme Court of Louisiana.

June 29, 2005.


Attorney(s) appearing for the Case

Laurie A. White & Associates, LLC, Laurie A. White, Autumn A. Town, New Orleans, Counsel for Applicant.

Connick & Connick, LLC, William P. Connick, Michael S. Futrell, Metairie, Counsel for Respondent.


VICTORY, J.

We granted this writ application to determine whether the filing of an answer and discovery requests by a defendant upon whom service was not requested within 90 days of the commencement of the action as required by La. C.C.P. art. 1201(C) constitutes a waiver of that requirement. After reviewing the record and the applicable law, we affirm the judgment of the court of appeal and hold that the mere filing of an answer and discovery requests by the defendant...

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