TODD BAUDOIN v. TERRY LEE ET AL (2023)

Hughes, J., would grant the writ.

For future reference I direct the attention of all participants to Code of Civil Procedure article 561, relative to abandonment cases, and specifically 561(A)(4).

Courts should look through the caption of pleadings in order to ascertain their substance and to do substantial justice to the parties. La. C.C.P. art. 865; Griffith v. Roy, 269 So.2d 217 (La. 1972); Thrasher v. Leggett, 373 So.2d 494 (La. 1979).

Appeals are favored in law and should not be dismissed on a mere technicality. U.S. Fire Ins. v. Swann, 424 So.2d 240 (La. 1982).

The motion for new trial should have been considered as a motion to set aside the dismissal for abandonment and the timely appeal should be maintained.