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TESSIER v. PRATT

No. 2008 CA 1268.

7 So.3d 768 (2009)

John Robert TESSIER and Melati A. Tessier v. Walter Leonard PRATT and Margueritte Hanley Pratt.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 31, 2009.

Attorney(s) appearing for the Case

Allen M. Posey, Jr., Baton Rouge, Louisiana, for Plaintiffs/Appellants, John Robert Tessier and Melati A. Tessier.

Carolyn Pratt Perry, Baton Rouge, Louisiana, for Defendants/Appellees, Walter Leonard Pratt and Margueritte Hanley Pratt.

Before PARRO, McCLENDON, and WELCH, JJ.

McCLENDON, J.

Plaintiffs, John Robert Tessier and Melati A. Tessier, appealed, asserting that the trial court erred in dismissing their case as abandoned. Finding a waiver of defendants' right to have the case dismissed as abandoned, we reverse and remand.

FACTS AND PROCEDURAL BACKGROUND

Plaintiffs, the Tessiers, filed a suit for redhibition. Defendants, Walter Leonard Pratt and Margueritte Hanley Pratt, answered, filed a reconventional demand, and...

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