Joseph Ford and Shevelle Ford v. Kendall Plain

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JOSEPH FORD AND SHEVELLE NO. 2021 CW 1380
FORD

VERSUS

KENDALL PLAIN JANUARY 27, 2022

In Re: Kendall Plain, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 656152.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED.

JMG
WRC

Holdridge, J., concurs. Under La. Code Civ. P. art. 561, an

ex parte motion to dismiss based on abandonment must be
accompanied by an affidavit which provides that no step has
timely been taken in the prosecution or defense of the action.

The writ application does not contain an affidavit in support of
relator' s motion for dismissal. Therefore, the motion seeking
dismissal on the basis of abandonment was properly denied.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT
FOR THE COURT