Opinion
2022 CW 0196
06-21-2022
VEDA RACHELLE GUYLLETTE, WIFE OF/AND WILLIAM W. JENKINS v. AMERICAN TELEPHONE & TELEGRAPH (AT&T)
Bellsouth Telecommunications, LLC D/B/A AT&T Louisiana, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2011-17077.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT GRANTED. An action is abandoned when the parties fail to take any step in its prosecution or defense in the district court for a period of three years. La. Code Civ. P. art. 561(A)(1). Abandonment is self-executing; it occurs automatically with the passing of three years without a step being taken by either party. See La. Code Civ. P. art. 561(A)(1) and (3).
The evidence presented is insufficient to prove an interruption of the abandonment period occurred after August 2 6, 2015, when plaintiffs/respondents, Veda Rachelle Guyllette, wife of/and William W. Jenkins, responded to discovery requests propounded by defendant/relator, BellSouth Telecommunications, LLC d/b/a AT&T Louisiana. Thereafter, BellSouth filed its Motion to Dismiss for Abandonment on February 15, 2019, with the district court granting BellSouth's motion and dismissing plaintiffs' claims against it as abandoned on March 7, 2019. Moreover, there is insufficient evidence to establish that the May 10, 2018 discovery requests, allegedly propounded by plaintiffs to BellSouth, constitute a step in the prosecution or defense of the instant litigation, as plaintiffs' counsel offers uncorroborated statements that the discovery requests were, in fact, mailed to BellSouth on May 10, 2018. See Bridges v. Baton Rouge Police Department, 2017-0710 (La.App. 1st Cir. 5/17/11), 250 So.3d 990 & Dunn v. City of Kenner, 2009-1108 (La. 9/18/09), 17 So.3d 400.
Accordingly, the district court's September 30, 2021 judgment, which granted plaintiffs' Motion to Set Aside Dismissal for Abandonment and vacated the earlier March 7, 2019 judgment dismissing the instant matter as abandoned, is reversed. As such, the district court's March 7, 2019 Order of Dismissal remains in effect.
VGW
JMG
EW