Opinion
2021 CW 1380
01-27-2022
JOSEPH FORD AND SHEVELLE FORD v. KENDALL PLAIN
In Re: Kendall Plain, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 656152.
BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.
WRIT DENIED.
JMG
WRC
Holdridge, J., concurs. Under La. Code Civ. P. art. 561, an ex parte motion to dismiss based on abandonment must be accompanied by an affidavit which provides that no step has timely been taken in the prosecution or defense of the action. The writ application does not contain an affidavit in support of relator's motion for dismissal. Therefore, the motion seeking dismissal on the basis of abandonment was properly denied.