Louisiana Court of Appeal, 1993

Day v. Mitchell

Day v. Mitchell
Louisiana Court of Appeal · Decided February 25, 1993 · Dufresne, Gothard, Grisbaum
621 So. 2d 842; 1993 La. App. LEXIS 894; 1993 WL 57851 (Southern Reporter, Second Series)

Day v. Mitchell

Opinion of the Court

GOTHARD, Judge.

This matter was originally set for December 5, 1991. On November 14, 1991 on motion of defendant the matter was stayed and removed from the docket pursuant to a consent order of rehabilitation and injunc-tive relief issued by the 19th Judicial District rendered on October 17, 1991.

The matter was reset for February 2, 1993. Neither party appeared or communicated with this court. Accordingly, this matter is dismissed.

DISMISSED.

070rehearing

ON REHEARING

On further consideration, it is the opinion of this court that the Louisiana Insurance Guaranty Association is an indispensable party as defined by LSA-C.C.P. art. 641. Consequently, in accordance with LSA-C.C.P. art. 646, the matter is remanded to the trial court for amendment and further evidence.

MATTER REMANDED.

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