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MAGNON v. MILLER

No. 2006-321.

939 So.2d 658 (2006)

Theodore MAGNON, Sr., et al. v. Charlene MILLER, et al.

Court of Appeal of Louisiana, Third Circuit.

September 27, 2006.

Attorney(s) appearing for the Case

Edward B. Broussard, Judge, Abbeville City Court, Abbeville, LA, for Plaintiffs/Appellees, Theodore Magnon, Sr. and Judy Magnon.

James Isaac Funderburk, Funderburk & Herpin, Abbeville, LA, Kraig Thomas Strenge, Lafayette, LA, for Defendant/Appellant, Charlene Miller.

Walter Kay Jamison, III, Daigle, Crawford & Jamison, LLC, Lafayette, LA, for Defendant/Appellee, New Hampshire Indemnity Insurance Company.

Ray F. Lucas, III, Lafayette, LA, for Defendant/Appellee, Western Heritage Insurance Company.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and J. DAVID PAINTER, Judges.

THIBODEAUX, Chief Judge.

Defendant/Appellant, Charlene Miller (Ms. Miller), appeals from the judgment of the trial court granting New Hampshire Indemnity Insurance Company's (New Hampshire) summary judgment motion which dismissed New Hampshire as a co-defendant in the underlying civil action. Because Ms. Miller filed a written request for notice of date of trial pursuant to La. Code Civ.P. art. 1572, and because she was not served with New Hampshire's motion nor the...

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