OCCIDENTAL PROPERTIES, LTD. v. ZUFLE

No. 11-CA-77.

79 So.3d 1135 (2011)

OCCIDENTAL PROPERTIES, LTD. v. Diane Reed, Divorced Wife of/and Tim T. ZUFLE.

Court of Appeal of Louisiana, Fifth Circuit.

November 15, 2011.


Attorney(s) appearing for the Case

Richard W. Martinez , Richard W. Martinez, APLC, New Orleans, LA, for Plaintiff/Appellant.

Mark C. Landry , Newman, Mathis, Brady & Spedale, Metairie, LA, for Defendant/Appellee.

Panel composed of Judges MARION F. EDWARDS, CLARENCE E. McMANUS, and MARC E. JOHNSON.


MARION F. EDWARDS, Chief Judge.

This appeal is taken by plaintiff/appellant, Occidental Properties, Ltd. ("Occidental"), from a judgment of abandonment of action for failure to prosecute in three years pursuant to La. C.C.P. art. 561. For reasons that follow, we affirm.

This matter began on September 8, 2003 when Occidental filed a "Suit on Promissory Note and for Recognition of Mortgage." The petition asserted that Occidental was the holder of a promissory...

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