LOUISIANA DOTD. v. BAYOU FLEET, INC.

No. 2009 CA 1569.

37 So.3d 1066 (2010)

The LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. BAYOU FLEET, INC. and James M. Elsik.

Court of Appeal of Louisiana, First Circuit.

April 28, 2010.


Attorney(s) appearing for the Case

Susan Stafford Baton Rouge, LA, for Plaintiff-Appellant, Louisiana Department of Transportation and Development.

J. Mac Morgan, New Orleans, LA, for Defendant-Appellee Bayou Fleet, Inc.

Before PARRO, KUHN, and McDONALD, JJ.


KUHN, J.

Plaintiff, the Louisiana Department of Transportation and Development ("DOTD"), appeals a judgment that denied its motion to vacate an order that dismissed its action with prejudice on the ground of abandonment.1 We amend the trial court's judgment and, as amended, we affirm.

I. PROCEDURAL AND FACTUAL BACKGROUND

On March 23, 2006, DOTD filed a petition for damages, naming Bayou Fleet, Inc. ("Bayou Fleet") and...

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