382 So. 2d 1007 | La. Ct. App. | 1980
Plaintiff appeals a judgment rendered by the trial court upon its own motion dismiss
We hold that under the stated circumstances the trial court abused its discretion in dismissing with prejudice plaintiff’s cause of action. C.C.P. arts. 1631, 1672. Cf. Bradford v. J. Ray McDermott & Co., Inc., 347 So.2d 1218 (La.App. 1st Cir. 1977), writ denied, La., 351 So.2d 155. We vacate the judgment appealed from and remand for dismissal without prejudice or for further proceedings in accordance with law. Costs of the appeal are to be borne by plaintiff.
VACATED and REMANDED.