Wendy Jean Hajjar v. Board of Supervisors of Louisiana State Unversity Agricultural and Mechanical College, Board of Supervisors for the University of Louisiana System, University of New Orleans, ABC Insurance Company, DEF Insurance Company, and GHI Insurance Company

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT WENDY JEAN HAJJAR NO. 2022 CW 0647 VERSUS BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AGRICULTURAL AND MECHANICAL COLLEGE, BOARD OF SUPERVISORS FOR THE UNIVERSITY OF LOUISIANA SYSTEM, UNIVERSITY OF NEW ORLEANS, ABC INSURANCE COMPANY, DEF INSURANCE SEPTEMBER 12, 2022 COMPANY, AND GHI INSURANCE COMPANY In Re: The Board of Supervisors for the University of Louisiana System, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 616297. BEFORE : WELCH, PENZATO, AND LANIER, JJ. STAY DENIED; WRIT GRANTED. The trial court’s June 6, 2022 judgment, which granted the Motion to Set Aside Order of Dismissal filed by plaintiff, Wendy Jean Hajjar, is reversed. An action is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of three years. La. Code Civ. P. art. 561(A)(1). Abandonment is seif-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 December 27, 2018 Notice of Intent and Motion to Fix Time for Filing of Supervisory Writ, which was filed by defendant, the Board of Supervisors for the University of Louisiana System (“the Board”), and sought review of the trial court’s denial of its Motion for Summary Judgment, was the last step taken in the trial court towards the prosecution of this matter. We find the Board’s pending writ applications did not prohibit the parties from taking steps in the prosecution or defense of the action in the trial court, as there was no stay order in effect while the writs were pending. see e.g. Edwards, Jr. v. Chrysler Motor Co., Ine., 2007-0326 (La. App. lst Cir. 2/8/08), 984 So.2d 85 ; Martin v. National City Mortgage Co., 52,371 (La. App. 2d Cir. 11/14/18), 261 So.3d 144 , writ denied, 2018-2046 (La. 2/11/19), 263 So.3d 435 . Thus, the action filed by plaintiff, Wendy Jean Hajjar, abandoned on December 27, 2021, by operation of law. Accordingly, the Motion to Set Aside Order of Dismissal filed by plaintiff, Wendy Jean Hajjar, is denied. COURT OF APPEAL, FIRST CIRCUIT DEPUTY CLERK OF COURT FOR THE COURT