Sims v. American Insurance Co.

At issue in this case was whether plaintiffs' dismissal with prejudice of a lawsuit filed in federal court after the defendant has made a general appearance of record was a "voluntary dismissal" for purposes of La. C.C. art. 3463, which provides "[i]nterruption [of prescription] is considered never to have occurred if the plaintiff abandons, voluntarily dismisses the action at any time either before the defendant has made any appearance of record or thereafter . . ." After reviewing the record and the applicable law, the Supreme Court reversed the court of appeal and the reinstated the trial court's dismissing plaintiffs' suit. View "Sims v. American Insurance Co." on Justia Law