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THOMAS v. LABICHE

No. 07-CA-719.

976 So.2d 819 (2008)

Byron THOMAS and Stacy Watler v. Sharon LABICHE and State Farm Mutual Automobile Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied March 26, 2008.

Attorney(s) appearing for the Case

Rodney Kelp Littlefield, New Orleans, LA, for Plaintiff/Appellant.

David V. Batt, James J. Young, IV, Lobman, Carnahan, Batt, Angelle & Nader, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges THOMAS F. DALEY, WALTER J. ROTHSCHILD, and FREDERICKA HOMBERG WICKER.

THOMAS F. DALEY, Judge.

Plaintiffs, Byron Thomas and Stacy Watler, appeal the trial court's judgment dismissing defendant, Sharon Labiche, with prejudice. They argue that the trial court's judgment, rendered as a result of plaintiffs' Motion to Dismiss Without Prejudice under La. C.C.P. art. 1672(C), should have been without prejudice.

The record reveals that an auto accident occurred on or about July 7, 2003, wherein plaintiffs alleged that...

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