Summary
In Bissett v. Allstate Ins. Co., 567 So.2d 598 (La. 1990), this court reversed the court of appeal's finding that a suit was abandoned as to an unserved defendant, adopting the reasons of the dissenting judge of the court of appeal, Judge Shortess, who found that although the defendant was unserved, she was served with a notice of deposition, was physically present at a deposition with counsel, and was questioned at length about the facts of the case.
Summary of this case from Williams v. MontgomeryOpinion
No. 90-C-1555.
October 12, 1990.
In re Bissett, Sandra G.; — Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. CA88 2003; Parish of East Baton Rouge, 19th Judicial District Court, Div. "G", No. 259126.
Granted. Judgment of the court of appeal is reversed as to the finding that the suit was abandoned as to defendant Renee Hegwood Sparks for the reasons assigned by Judge Shortess in his dissenting opinion. Suit is not abandoned as to this defendant. In all other respects, the judgment of the court of appeal is affirmed. The case is remanded to the district court for further proceedings.