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SIZEMORE v. REILLY-BENTON COMPANY

No. 2018-CA-0826.

265 So.3d 41 (2019)

James C. SIZEMORE v. REILLY-BENTON COMPANY, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

February 6, 2019.

Attorney(s) appearing for the Case

Mickey P. Landry , Frank J. Swarr , Philip C. Hoffman , LANDRY & SWARR, LLC, 1010 Common Street, Suite 2050, New Orleans, LA 70112, Renee M. Melancon , Dean Omar & Branham, LLC, 302 N. Market Street, Suite 300, Dallas, TX 75202, COUNSEL FOR PLAINTIFFS/APPELLEES.

Kaye N. Courington , James M. Matherne , COURINGTON, KIEFER & SOMMERS, LLC, 616 Girod Street, Suite 2105, New Orleans, LA 70130, COUNSEL FOR DEFENDANT/APPELLANT.

(Court composed of Judge Edwin A. Lombard, Judge Rosemary Ledet, Judge Tiffany G. Chase).

This is a mesothelioma case. The narrow issue presented is whether the trial court abused its discretion in granting the plaintiff's motion to dismiss one of multiple defendants without prejudice, mooting the dismissed defendant's pending motion for summary judgment. Finding no abuse...

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