Lee Everhart, Carol Goleman and Karen Bloom As Natural Tutrix on Behalf of Her Minor Child Steven Bloom VS Terry W. Robertson, Jr., Waggoner Trucking Protective Insurance Company, Carol Goleman and Direct General Insurance Company
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2007 CA 2261 LEE EVERHART CAROL GOLEMAN AND KAREN BLOOM AS NATURAL TUTRIX ON BEHALF OF HER MINOR CHILD STEVEN BLOOM VERSUS f f TERRY W ROBERTSON JR WAGGONER TRUCKING INC PROTECTIVE INSURANCE COMPANY CAROL GOLEMAN AND DIRECT GENERAL INSURANCE COMPANY Judgment Rendered May 2 2008 On Appeal from the Twenty Second Judicial District Court In and For the Parish of St Tammany State of Louisiana Docket No 2006 14762 Honorable Donald M Fendalson Judge Presiding Marti Tessier Counsel for PlaintiffslAppellants Mandeville Louisiana Lee Everhart Carol Goleman and and Karen Bloom on behalf of her minor Timothy Garlick child Steven Bloom Folsom Louisiana John E Counsel for Defendants Galloway New Orleans Louisiana Terry W Robertson Trucking Inc Insurance Jr Waggoner Company and Protective Matthew C Nodier Counsel for Defendants Baton Direct General Insurance Carol Goleman Rouge Louisiana BEFORE Appellees Company and GAIDRY McDONALD AND McCLENDON JJ McCLENDON J In this suit for individuals named damages Goleman and Karen Bloom Steven Bloom appealed Goleman alleging in the referred for failure paid Inc that note 2002 0933 p 6 La LSA C C P art 2126 which are to dismiss costs should be dismissed Parish 93 3027 La dismiss the only in so of the trial noted the 1 Cir scant as court by the trial 14 2 Shapiro not v v be dismissed L L Fetter 845 So 2d 406 410 03 in goals see also of LSA C C P deciding whether to an art insure appeal First National Bank of Jefferson v 634 So 2d 1163 information before dismissal the court See Everhart favored and should and court necessary to maintain the s Carol Goleman and helpful appeal pending in this far have been dismissed is also 94 by application that have been abandoned and Pray the trial court appeals See 11 2 not appeal 1 Cir 3 26 08 appeals are App A writ appeal A consideration of the 2126F prompt payment of on should by plaintiff appellant App on filed in this Company for dismissal is free from doubt reason Based appeal based appeal was the merits of the Robertson 2008CW0567 La unless the costs pay and the filed was court to initially to Direct General Insurance below by this We of Ms the dismissal address whether the must we A motion for dismissal of the costs were court behalf of her minor child error as the merits appellee that assigned on We affirm the judgment dismissal defendant natural tutrix and Lee Everhart Carol original petition plaintiff should be dismissed s as the vehicular accident a reaching as a Before court in the plaintiffs as from ansmg appeal when it denied 2 us we appeaL costs a 1163 we to grant the writ application It appears that at the time had been request deny the motion to paid In addition as reconsider its dismissal the appeal was not was Finally it is clear from the record that the appeal docketed abandoned As to the merits of the Ms Goleman in her appellants claim for capacity appeal as a we defendant Thus Ms Goleman is still damages has For these Rule 2 16 2 A 6 not reasons 10 note a that the not as a named judgment dismissed plaintiff as plaintiff in asserted by the suit and her been dismissed the judgment is affirmed in accordance with URCA The costs of the appeal are assessed to appellants Lee Everhart Carol Goleman and Karen Bloom MOTION TO DISMISS DENIED JUDGMENT AFFIRMED 3 APPEAL MAINTAINED
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