Opinion
NO. 2014 CW 1159
10-21-2014
ELEANOR BROWN v. BEAU BOX COMMERCIAL REAL ESTATE, LLC
In Re: Beau Box Commercial Real Estate, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 567080.
BEFORE: PARRO, McDONALD AND CRAIN, JJ.
WRIT GRANTED. The trial court's judgment dated July 24, 2014, which set aside the May 12, 2014 judgment and order of dismissal, is reversed and judgment is entered in favor of defendant, Beau Box Commercial Real Estate, L.L.C. ("Beau Box"), dismissing plaintiff Eleanor Brown's suit with prejudice. No formal action was taken by Brown against Beau Box for a period in excess of three years. Moreover, Brown failed to establish that legitimate circumstances beyond her control prevented her from prosecuting the action within the three-year period or that Beau Box took action inconsistent with an intent to treat the case as abandoned. Food Perfect, Inc. v. United Fire and Cas. Co., 2012-2492 (La. 1/18/13), 106 So.3d 107, 108. To the extent that no formal action was taken subsequent to April 15, 2011, the suit was abandoned as of April 16, 2014. La. Code Civ. P. art. 561.
WJC
RHP
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT