Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

SAMMY YOUNG v. STEPHEN ROTH, JEFFERSON PARISH DEPARTMENT OF WATER, ET AL.

Granted. See per curiam.

RLL

JPV

CDT

JTK

PER CURIAM[fn*] [fn*] Retired Judge Robert L. Lobrano participated in this decision as Associate Justice Pro Tempore.

While plaintiff's counsel produced evidence showing she was out of town for medical reasons for approximately two weeks immediately prior to the expiration of the ninety day period for requesting service, and was in court on the entire day of the deadline, she has not shown any reason why she was prevented from requesting service within the first two months of the ninety day period. Plaintiff's counsel's request of service one day after the ninety day period expired strongly suggests she either miscalculated or mis-calendared the deadline. Such inadvertence does not constitute good cause. See, e.g., Norbert v. Loucks, 01-1229 (La. 6/29/01), 791 So.2d 1283.

Accordingly, the writ is granted. The judgment of the trial court is reversed, and relators' motion for involuntary dismissal under La. Code Civ.P. art. 1672(C) is granted.

CALOGERO, C.J., KIMBALL, and JOHNSON, JJ., would deny the writ.

Use AI to get other relevant cases.

Comments

YOUNG v. ROTH, 2001-2151 (La. 11/9/01)
(Nov 9, 2001)