LEADER BUICK, GMC TRUCKS, INC. VERSUS ROBERT WEINMANN, MICHAEL SEAGO, SUBURBAN MOTORS, L.L.C., 2002-2006 (La.App. 4 Cir. 02/19/03);

Summary

The seller was an automobile dealership who sued defendants for breach of a purchase agreement. After it filed suit, the seller was dissolved by affidavit pursuant to La. Rev. Stat. Ann. § 12:142.1; the petition was amended to reflect the dissolution. Three months later the seller sought to reinstate itself pursuant to § 12:142.1(B). Defendants' exceptions to no cause of action were granted to the original and amended petition. Ultimately, the appellate court affirmed defendants exception of no right of action and dismissed the suit. In the new lawsuit, defendants filed exceptions of res judicata, no right of action and no cause of action based upon the dismissal of the prior suits. The appellate court affirmed the trial court's grant of defendants' exceptions. The appellate court noted that the seller could have dissolved itself through liquidation and preserved its inchoate claims. When it chose to dissolve itself by affidavit under § 12:142.1, its claims were dismissed with the ...