93-C-3061 Precedential Processed

Nora v. Stanford

Louisiana Supreme Court · Filed February 14, 1994 · 633 So. 2d 1209

Cited by

Norma Henry v. United Southern Assurance Co. and Lionel D. Rosette, Jr. La. Ct. App. 3d Cir. 2005
Henry v. United Southern Assurance Co. 893 So. 2d 206 La. Ct. App. 1st Cir. 2005
Edwards v. Daugherty 769 So. 2d 611 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
State ex rel. Department of Social Services 755 So. 2d 257 La. Ct. App. 1st Cir. 1999

Authorities cited

Identified automatically; this list may not be exhaustive.

Barton v. Burbank 138 La. 997
Bryant v. Travelers Insurance Co. 288 So. 2d 606
Nora v. Stanford 625 So. 2d 309

Opinion text

633 So.2d 1209 (1994) V.C. NORA, Jr. v. Lewis STANFORD, John L. Davis and Occidental Fire and Casualty Company. No. 93-C-3061. Supreme Court of Louisiana. February 14, 1994. PER CURIAM. Application granted. When the plaintiff presents evidence sufficient for confirmation of a default judgment, but fails to present the formal judgment to *1210 the trial court for nine years, La.Code Civ. Proc. art. 561 applies, and the action is properly dismissed as abandoned because of non-prosecution of five years. This is a different situation than in Barton v. Burbank, 138 La. 997 , 71 So. 134 (1916) and Bryant v. Travelers Ins. Co., 288 So.2d 606 (La.1974), in which the case had been tried and the five-year abandonment period elapsed after trial while the parties were waiting on the trial court to render judgment. Absent from those cases, but a critical factor in the present case, was the failure on the part of the plaintiff to take steps in the prosecution of the action that was the responsibility of the plaintiff. Accordingly, the judgment of the court of appeal, 625 So.2d 309 , is set aside, and the judgment of the trial court is reinstated. DENNIS, J., not on panel.