Cited by
Opinions in Louisiana that cite Evans v. Hamner, 24 So. 2d 814.
- Christopher Benoit v. Audrey A. Nash La. Ct. App. 3d Cir. 2011
- Power Marketing Direct, Inc. v. Foster 938 So. 2d 662 La. 2006
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Middleton v. Middleton
526 So. 2d 859
La. Ct. App. 2d Cir. 1988
(1946); Geisenberger v. Cotton, 116 La.
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Chevron Oil Co. v. Traigle
436 So. 2d 530
La. 1983
Among the differences between article 561 of the Code of Civil Procedure and article 3519 of the Civil Code are two of significance to the concept of waiver: (1) article 561 specifically states that its effect is self-operative, , (1946), and (2) article 561 states that a failure by the parties to take any steps in the prosecution or defense of the suit leads to abandonment.
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Am. Eagle, Inc. v. EMPLOYERS'LIABILITY ASSUR. CORP.
389 So. 2d 1339
La. Ct. App. 1st Cir. 1980
But the rationale of the three supreme court cases cited above necessarily reconciles the rule of Evans v. Hammer, [ , ] supra, with earlier decisions recognizing that there should be no dismissal when the plaintiff's failure to prosecute was caused by circumstances beyond his control.
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Ledet v. Firemen's Insurance Co. of Newark
327 So. 2d 645
La. Ct. App. 1st Cir. 1976
and the many authorities there cited.
- State, Department of Highways v. Lessley 287 So. 2d 792 La. 1973
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Semel v. Green
211 So. 2d 300
La. 1968
and the many authorities there cited.
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Semel v. Green
202 So. 2d 417
La. Ct. App. 5th Cir. 1967
Against the first contention of the appellant, , (1946).
- St. Mary v. St. Mary 175 So. 2d 893 La. Ct. App. 3d Cir. 1965
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Bolden v. Brazile
172 So. 2d 304
La. Ct. App. 4th Cir. 1965
"The Abandonment of a Suit—Its Effect on Prescription", 22 Tul.L.Rev.
- Burnett v. Tucker 150 So. 2d 665 La. Ct. App. 1st Cir. 1963
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Cassiere v. Cuban Coffee Mills, Inc.
74 So. 2d 193
La. 1954
6 ; Park v. Markley, La.App., ; Blanchard v. Smith, La.App., , .
- State v. United Dredging Co. 50 So. 2d 826 La. 1951
- Jones v. Desadier 46 So. 2d 664 La. Ct. App. 1st Cir. 1950
- State v. Parsons 43 So. 2d 689 La. Ct. App. 1st Cir. 1950
- Bank of Commerce v. Yunkes 36 So. 2d 849 La. Ct. App. 1st Cir. 1948