STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JOSEPH FORD AND SHEVELLE NO. 2021 CW 1380 FORD

VERSUS

KENDALL PLAIN JANUARY 27, 2022

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.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT FOR THE COURT