Maurice Pearl and Jodie Pearl VS Pelican Point Operations, L.L.C., d/b/a Pelican Point Golf Club and Allstate Insurance Company

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2010 CA 0190 MAURICE PEARL AND JODIE PEARL VERSUS PELICAN POINT OPERATIONS L C DBA PELICAN POINT GOLF CLUB AND ALLSTATE INSURANCE COMPANY Judgment Rendered June 11 2010 APPEALED FROM THE TWENTY THIRD JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF ASCENSION STATE OF LOUISIANA DOCKET NUMBER 76693 DIVISION B THE HONORABLE THOMAS J KLIEBERT JR JUDGE Maurice Pearl Henderson Nevada David C Forrester Mark G Murphey Baton Rouge Louisiana Appellant Plaintiff In Proper Person Attorneys for DefendantsAppellees Pelican Point Operations L C DBA Pelican Point Golf Club and Allstate Insurance Company BEFORE PARRO KUHN AND McDONALD JJ McDONALD J In this case Maurice Pearl asserted that he was playing golf at the Pelican Point Golf Club when he drove the golf cart into a sunken area and was injured Mr Pearl and his wife Jodie Pearl filed a suit for damages against Pelican Point Operations L DBA Pelican Point Golf Club and its insurer Allstate C Insurance Company Thereafter the matter was set for trial Mr Pearl was given notice to appear on the day of trial for a pre trial conference at 8 a with the trial to start at 9 a Mr Pearl was late for 45 m 00 m the conference and trial and around 9 a the district court judge dismissed the 30 m jury Thereafter Mr Pearl arrived and the case proceeded with a bench trial After Mr Pearl presented his case the defendants moved for an involuntary dismissal which was granted by the district court judge dismissing the case Mr Pearl is appealing that judgment After a thorough review of the record we find no error and affirm the district court judgment This opinion is rendered in accordance with the Uniform Rules of Louisiana Courts of Appeal Rule 2 16 7 and 8 Costs are assessed 6 A 2 against Mr Pearl AFFIRMED Jodie Pearl is not a party to the appeal because although she is listed on the petition and on the filing for appeal the appeal was filed by Mr Pearl in proper person thus he cannot represent Jodie Pearl Further Jodie Pearl has not filed a brief on appeal 2

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