John Mekari v. Marrero Couvillion & Associates, LLC

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JOHN MEKARI NO. 2019 CW 0982

VERSUS

MARRERO, COUVILLON &
ASSOCIATES, LLC OCT 2 9 2019

In Re: Marrero Couvillon & Associates, LLC, for
applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 634356.

BEFORE: GUIDRY, McCLENDON, WELCH, HIGGINBOTHAM AND HOLDRIDGE, JJ.

WRIT GRANTED. Louisiana Code of Civil Procedure article

561A( 1) provides that "[ a] n action ... is abandoned when the
parties fail to take any step in its prosecution or defense in
the trial court for a period of three years." The step must be
taken in the proceeding and, with the exception of formal
discovery, must appear in the record of the suit. See Clark v.
State Farm Mut. Auto. Ins. Co., 2000- 3010 ( La. 5/ 15/ 01), 785
So. 2d 779, 784. The defendant, Marrero Couvillon & Associates,
LLC, filed its " Answer, Defenses, and Reconventional Demand" on

January 15, 2015, which was served on the plaintiff, John
Mekari, on January 26, 2015. Thereafter, nothing appears in the
suit record for a period of more than three years. Moreover,

neither party asserts that formal discovery occurred within this
three --
year period. As such, the action was abandoned as a matter
of law on
January 26, 2018. Accordingly, we grant the writ

application, reverse the trial 31, 2019
court' s January
judgment, and dismiss John Mekari' s action on grounds of

abandonment.

JMG
PMC
JEW

Higginbotham and Holdridge, JJ., would order additional

briefing.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT