Cited by

Opinions in Louisiana that cite Melancon v. Continental Casualty Company, 307 So. 2d 308.

69 citing documents.

Sheila Williams v. Angela [april] Montgomery, And La. 2021
Charles R. Talen, II v. Rhino Rhencovators, LLC La. Ct. App. 3d Cir. 2019
Similarly, today, we hold the broad language in Melancon [v. Continental Casualty Co., ], requiring “any action taken by a party that is alleged to be a step in the prosecution or defense of the suit must appear in the court record” is mistaken to the extent it precludes actions made by defendants and known to all parties from constituting a step in the prosecution or de
Juengain v. Tervalon 223 So. 3d 1174 La. Ct. App. 1st Cir. 2017
Nunez v. Burgos 215 So. 3d 931 La. Ct. App. 1st Cir. 2017
Clark, 785 So.2d at 784 ; Chevron, 436 So.2d at 532 ; (La.
Lewis v. Jones 193 So. 3d 546 La. Ct. App. 1st Cir. 2016
Joseph v. Wasserman 194 So. 3d 720 La. Ct. App. 1st Cir. 2016
Hercules Offshore, Inc. v. Lafayette Parish School Board, Sales and Use Tax Dept. La. Ct. App. 3d Cir. 2015
Criticized Hercules Offshore, Inc. v. Lafayette Parish School Board, Sales & Use Tax Dept. 157 So. 3d 1177 La. Ct. App. 1st Cir. 2015
*1182 Hercules further misinterprets Oilfield’s partial abrogation of Melancon, , in support of its assertion that the law changed in 2011.
Criticized Louisiana Department of Transportation & Development v. Oilfield Heavy Haulers, L.L.C. 79 So. 3d 978 La. 2011
In reaching its decision in Clark , which held an agreement by defendant not to take action in state court during the pendency of a federal proceeding was not a waiver, because the agreement was not filed in the state trial court.
Stanley v. ST. CHARLES GAMING COMPANY, INC. 997 So. 2d 904 La. Ct. App. 3d Cir. 2008
Based on this rationale, we concluded earlier in this opinion that the remark in Melancon [v. Continental Casualty Co., ] precluding the consideration of conduct not on the record in determining if defendant's conduct constituted a waiver was mistaken.
Krista Stanley v. St. Charles Gaming Company, Inc., D/B/A Isle of Capri Casino-Lake Charles La. Ct. App. 3d Cir. 2008
Based on this rationale, we concluded earlier in this opinion that the remark in Melancon [v. Continental Casualty Co., ] precluding the consideration of conduct not on the record in determining if defendant’s conduct constituted a waiver was mistaken.
Boudreaux v. SIMONEAUD GROCERY & MARKET 972 So. 2d 440 La. Ct. App. 3d Cir. 2007
Based on this rationale, we concluded earlier in this opinion that the remark in Melancon [ v. Continental Casualty Co., ] precluding the consideration of conduct not on the record in determining if defendant's conduct constituted a waiver was mistaken.
Darryl Boudreaux v. Simoneaud Grocery & Market, Inc. La. Ct. App. 3d Cir. 2007
Based on this rationale, we concluded earlier in this opinion that the remark in Melancon [v. Continental Casualty Co., ] precluding the consideration of conduct not on the record in determining if defendant’s conduct constituted a waiver was mistaken.
Virginia Johnson v. Calcasieu Parish Sheriff's Dept. La. Ct. App. 3d Cir. 2007
Johnson v. Calcasieu Parish Sheriff's Dept. 951 So. 2d 496 La. Ct. App. 3d Cir. 2007
Slaughter v. ARCO Chemical Company 931 So. 2d 387 La. Ct. App. 4th Cir. 2006
Isaac v. Benson Chevrolet Co. 885 So. 2d 38 La. Ct. App. 5th Cir. 2004
Co., Sliman v. Araguel, 196 La.
Ollie Mae Pecot v. Calcasieu-Cameron Hospital Service District, Etc. La. Ct. App. 3d Cir. 2004
Melancon v. Continental Cas.
Pecot v. Calcasieu-Cameron Hospital Service District 867 So. 2d 56 La. Ct. App. 1st Cir. 2004
Melancon v. Continental Cas.
Pecot v. CALCASIEU-CAMERON HOSP. SER. DIST. 867 So. 2d 56 La. Ct. App. 3d Cir. 2004
Melancon v. Continental Cas.
Causey v. Caterpillar MacHinery Corp. 822 So. 2d 188 La. Ct. App. 4th Cir. 2002
James v. Formosa Plastics Corp. of La. 813 So. 2d 335 La. 2002
Co., Sliman v. Araguel, 196 La.
Clark v. State Farm Mut. Auto. Ins. Co. 785 So. 2d 779 La. 2001
Woodward v. Lumbermens Mutual Casualty Co. 808 So. 2d 554 La. Ct. App. 1st Cir. 2001
Louisiana Department of Environmental Quality v. Rottman 791 So. 2d 712 La. Ct. App. 1st Cir. 2001
Co., : Thus, both historically and theoretically, the rule on abandonment of actions is a species of liberative prescription, separate and distinct from the prescription of the substantive claim itself.
Porter v. Progressive Specialty Ins. Co. 771 So. 2d 293 La. Ct. App. 1st Cir. 2000
Wilkes v. Carroll 756 So. 2d 1257 La. Ct. App. 2d Cir. 2000
Burkett v. Resolution Trust Corp. 757 So. 2d 819 La. Ct. App. 5th Cir. 2000
1983); Hargis v. Jefferson Parish, 99-0971 (La.App.
Washington v. City of Baton Rouge 752 So. 2d 367 La. Ct. App. 1st Cir. 2000
STATE EX REL. DEPT. OF SOC. SERV. v. Ramos 755 So. 2d 257 La. Ct. App. 1st Cir. 2000
ecute or defend was caused by circumstances beyond the control of the party urging the action has not been abandoned; and (2) when the party who is asserting abandonment has waived his right to so plead "by taking action in the case inconsistent with an intent to treat the case as abandoned," see Jones, 95-0607 at pp. 5-6 n. 4; 665 So.2d at 34 -35 n. 4 (citing Melancon v. Continental Casualty Co. (La.App.
Akyar v. Lee 751 So. 2d 411 La. Ct. App. 5th Cir. 2000
Co., Modeliste v. Sehorn, 94-1994 (La.App.
Hargis Ex Rel. Krey v. Jefferson Parish 748 So. 2d 606 La. Ct. App. 4th Cir. 1999
State ex rel. Department of Social Services 755 So. 2d 257 La. Ct. App. 1st Cir. 1999
ecute or defend was caused by circumstances beyond the control of the party urging the action has not been abandoned; and (2) when the party who is asserting abandonment has waived his right to so plead “by taking action in the case inconsistent with an intent to treat the case as abandoned,” see Jones, 95-0607 at pp. 5-6 n. 4; 665 So.2d at 34 -35 n. 4 (citing Melancon v. Continental Casualty Co. (La.App.
Sibley v. Sibley 724 So. 2d 275 La. Ct. App. 1st Cir. 1998
Varnado v. Gentilly Medical Clinic for Women 728 So. 2d 479 La. Ct. App. 4th Cir. 1998
State v. Holleman 707 So. 2d 1350 La. Ct. App. 1st Cir. 1998
Michel v. Home Town Supermarket, Inc., supra.
Parson v. Daigle 708 So. 2d 746 La. Ct. App. 1st Cir. 1997
the Louisiana Supreme Court discussed the requirements of article 561 as follows: By its clear and unambiguous wording, article 561 requires three things of the plaintiff: (1) that he take some "step" in the prosecution of his lawsuit, (2) that he do so in the trial court, and (3) that he do so within five
Willey v. Roberts 664 So. 2d 1371 La. Ct. App. 1st Cir. 1995
Jones v. Phelps 665 So. 2d 30 La. Ct. App. 1st Cir. 1995
Modeliste v. Sehorn 653 So. 2d 753 La. Ct. App. 4th Cir. 1995
Tinsley v. Stafford 644 So. 2d 677 La. Ct. App. 1st Cir. 1994
The Supreme Court, discussed the requirements of article 561 as follows: By its clear and unambiguous wording, article 561 requires three things of the plaintiff: (1) that he take some "step" in the prosecution of his lawsuit, (2) that he do so in the trial court, and (3) that he do so within five years of the last "step" tak
Haisty v. STATE, DOTD 634 So. 2d 919 La. Ct. App. 2d Cir. 1994
Courtney v. Henderson 602 So. 2d 95 La. Ct. App. 4th Cir. 1992
Succession of Knox 579 So. 2d 1164 La. Ct. App. 2d Cir. 1991
Young v. Laborde 576 So. 2d 551 La. Ct. App. 4th Cir. 1991
art. 3519, to the effect that a defendant waives his right to plead abandonment by taking action in the case inconsistent with an intent to treat the case as abandoned.
Sterling v. Insurance Co. of Pennsylvania 572 So. 2d 835 La. Ct. App. 4th Cir. 1991
Shulver v. Slocum 566 So. 2d 1089 La. Ct. App. 2d Cir. 1990
McCandless v. Poston 540 So. 2d 1310 La. Ct. App. 2d Cir. 1989
Delta Development Co., D & S Builders, Inc. v. Mickey Construction Co., Inc., (La.App.
Middleton v. Middleton 526 So. 2d 859 La. Ct. App. 2d Cir. 1988
442 , (1946); Geisenberger v. Cotton, 116 La.
D & S Builders v. Mickey Const. 524 So. 2d 245 La. Ct. App. 5th Cir. 1988
Chevron Oil Co. v. Traigle, supra; at 312 (La.1975), wherein the court noted: "The policy underlying this requirement is the prevention of protracted litigation that is filed for purposes of harassment or without a serious intent to hasten the claim to judgment.

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