LEONARD ABADIE, JR. VERSUS ASBESTOS CORPORATION LTD, ET AL
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LEONARD ABADIE, JR. NO. 13-CA-768 VERSUS FIFTH CIRCUIT ASBESTOS CORPORATION LTD, ET AL COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 686-964, DIVISION "L" HONORABLE DONALD A. ROWAN, JR., JUDGE PRESIDING FEBRUARY 12, 2014 '" () lJ F< '1' () i\ fJ F) Ei\ 1.. c~ ll~ (" l TTl" F' I F'T ~-J FEB 12 2014 FtLELJ STEPHEN J. WINDHORST ill ,<~ ~ · · , JUDGE - \ ;' .k.,[ - I~\ i , ~ . I " n;Jt'~. f.: C t 1(' (0 \' I () I.! I r Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst and Hans J. Liljeberg GARY A.LEE RICHARD M. PERLES ANN CATES STEVEN E. LACOSTE JOHN M. FUTRELL ATTORNEYS AT LAW 201 St. Charles Avenue Suite 4120 New Orleans, Louisiana 70170 COUNSEL FOR THIRD-PARTY PLAINTIFF/APPELLANT CHARLES H. ABBOTT CHRISTINE CHANGHO BRUNEAU ERIN WEDGE LATUSO ATTORNEYS AT LAW 650 Poydras Street One Shell Square, Suite 2810 New Orleans, Louisiana 70130 COUNSEL FOR THIRD-PARTY DEFENDANT/APPELLEE APPEAL DISMISSED h L, -- Iff CU::Rf<. ci r I c) l J Defendant/third-party plaintiff, Huntington Ingalls Incorporated, f/k/a Northrop Grumman Ship Systems, Inc., f/kJa Avondale Industries, Inc. ("Avondale") appeals the district court's judgment granting summary judgment in favor of third-party defendant, Executone Systems of La, Inc. ("Executone"). For the reasons discussed below, this appeal is dismissed. Plaintiff, Leonard Abadie, Jr., now deceased, filed the underlying suit against multiple defendants, including Avondale, claiming that his exposure to asbestos from various sources resulted in his development of mesothelioma. In response to the suit, Avondale filed a third-party demand against varIOUS defendants, including Executone. Avondale's third-party demand against Executone was based on claims of "take-home" or household asbestos exposure by Mr. Abadie, Jr., from asbestos fibers brought home on Mr. Abadie, Sr.'s clothing during Mr. Abadie, Sr.'s employment with Executone from 1961 to 1970. -2 Executone filed a motion for summary judgment seeking a dismissal with prejudice of Avondale's third-party demand. On May 6, 2013, the district court rendered judgment in favor of Executone. This appeal followed. On February 5, 2014, the same day the case was submitted to this Court, the parties filed a Joint Motion to Dismiss contending that they resolved their differences. Pursuant to La. C.C.P. art. 2162, an appeal can be dismissed by consent of all parties. Therefore, we grant the Joint Motion to Dismiss and dismiss this appeal. APPEAL DISMISSED -3 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. UUEBERG JUDGES CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT 101 DERBIGNY STREET (70053) MEUSSA C. LEDET DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH Uniform Rules - Court of Appeal, Rule 2-20 THIS DAY FEBRUARY 12,2014 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY ~ COVNSEL,AS LISTED BELOW: C ERYU Q. CJ\NDRIEU CLERK OF COURT 13-CA-768 E-NOTIFIED NO ATTORNEYS WERE ENOTIFIED MAILED
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