LAND COAST INSULATION INC v. GOOTEE CONSTRUCTION INC (2022)

Writ application denied.

The judgment does not specify whether the dismissal is with or without prejudice; however, the dismissal should not bar another suit. See La. Code of Civ. Proc. art. 463 (“When an action is brought on an obligation before the right to enforce it has accrued, the action shall be dismissed as premature, but it may be brought again after this right has accrued.”); Quality Envtl. Processes, Inc. v. IP Petroleum Co, 16-0230 (La. App. 1 Cir. 4/12/17), 219 So.3d 349, 379, writ denied, 17-00915 (La. 10/9/17), 227 So.3d 833 (“When a judgment is silent as to whether it is being dismissed with or without prejudice, the dismissal must be without prejudice.”).

Hughes, J., additionally concurs and assigns reasons.