RÉSUMÉ DIGEST
ACT 443 (HB 5) 2018 Regular Session Connick
Existing law provides that the filing of a suit in a competent court and in the proper venue
or from service of process interrupts prescription as long as the suit is pending.
Existing law provides that interruption 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, or fails to prosecute the suit at the trial.
New law specifies that a settlement and subsequent dismissal of a defendant pursuant to a
transaction or compromise does not qualify as a voluntary dismissal.
The provisions of new law are intended to codify the ruling of the court in Pierce v. Foster
Wheeler Constructors, Inc., 906 So.2d 605 (La. App. 1
st
Cir. 2005).
Effective August 1, 2018.
(Amends C.C. Art. 3463)