Opinion
No. 99-CC-1458
July 2, 1999
IN RE: Boudreaux, Nathan; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of Jefferson 24th Judicial District Court Div. "O" Number 315-595; to the Court of Appeal, Fifth Circuit, Number 99-C-0329
Granted. Acts 1997, No. 1221 Section 2 provides that the amendment to La. Code Civ.P. art. 561 providing for a three year period of abandonment "shall become effective on July 1, 1998 and shall apply to all pending actions." Plaintiff failed to take any action in the suit for the three years before July 1, 1998, causing the suit to become abandoned on that date. See Bourgeois v. Veal, 99-0786 (La. 5/7/99), 740 So.2d 1291. Accordingly, the judgment of the trial court is reversed, and judgment is entered in favor of relators, dismissing plaintiff's suit as abandoned.
CDT
WFM
CDK
BJJ
JPV
JTK
CALOGERO, C.J. not on panel.
LEMMON, J. would grant and docket.