1. Home
  2. Browse Decisions
  3. So.3d
  4. 101 So.3d
  5. 101 So.3d 1 (2012)
 

SIMS v. AMERICAN INS. CO.

No. 2012-C-0204.

101 So.3d 1 (2012)

Joann SIMS and Brent Sims v. The AMERICAN INSURANCE COMPANY, Associated Indemnity Corporation, Travelers Casualty and Surety Company, Joe Bristol, Henry Bell, Mortimer Currier, Gerard Daigre, and Theopile Rozasa.

Supreme Court of Louisiana.

October 16, 2012.

Attorney(s) appearing for the Case

Bienvenu, Bonnecaze, Foco, Viator & Holinga, APLLC, David Mark Bienvenu, Jr. , Katie Dampier Chabert , Lexie T. Holinga , Baton Rouge, LA, Marionneaux & Marionneaux, F. Barry Marionneaux , Plaquemine, LA, F. Charles Marionneaux , for Applicant.

Baggett, McCall, Burgess, Watson & Gaughan, William B. Baggett , Lake Charles, LA, Unglesby & Marionneaux, Lewis O. Unglesby , Robert M. Marionneaux, Jr. , Baton Rouge, LA, for Respondent.

VICTORY, J.

At issue in this case is whether plaintiffs' dismissal with prejudice of a lawsuit filed in federal court after the defendant has made a general appearance of record is a "voluntary dismissal" for purposes of La. C.C. art. 3463, which provides "[i]nterruption [of prescription] is considered never to have occurred if the plaintiff abandons, voluntarily dismisses the action at any time either before the defendant has made any appearance of record or thereafter...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases