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JAROED TAIT SLOCUM v. KEN MAJOR REALTY, THE ESTATE OF JEFFREY ROY BRASSEAUX JR., THROUGH HIS HEIRS, KEVIN BRASSEAUX, ASHLEY B SSEAUX, BRIDGETTE BRASSEAUX, THROUGH HIS EXECUTOR, DALE BRASSEAUX. No. 2007 CA 0803. Court of Appeals of Louisiana, First Circuit. December 21, 2007. NOT FOR PUBLICATION. ROBERT HALLACK, Counsel for Plaintiff/Appellee, Jaroed Tait Slocum. JENA SMITH, LANCE J. ARNOLD, Counsel for Intervenor/Appellant, Regions Mortgage Company. Before WHIPPLE, GUIDRY, and HUGHES, JJ. WHIPPLE, J. In this appeal, intervenor, Regions Mortgage Company ("Regions"), challenges a judgment of the trial court dismissing its claims with prejudice on the basis that Regions failed to appear at trial in support of its intervention. For the following reasons, we amend and as amended, affirm. FACTS AND PROCEDURAL HISTORY On August 13, 1999, plaintiff, Jaroed Tait Slocum, purchased a residence located at 3053 Louisiana Highway 78, Livonia, Louisiana that had been owned and built by the late Jeffrey Roy Brasseaux. Gay Aguillard, an agent with Ken Major Realty, was the real estate agent for the purchase and sale. Plaintiff financed the purchase of the home and property through Regions Mortgage, Inc. According to plaintiff, in October of 1999, he began discovering sinkholes in the yard near the home, which caused the doors, windows, and ceiling of the home to crack. The cracks began to expand over time. Plaintiff subsequently discovered that the home had been built on a landfill containing large blocks of concrete debris and other types of construction debris. On July 18, 2001, plaintiff filed a suit for damages against Brasseaux's estate and Ken Major Realty, asserting claims under the New Home Warranty Act, the Unfair and/or Deceptive Trade Practices Acts, and Louisiana Civil Code articles 1995, 2475, 2524, and 2545. Plaintiff alleged that Brasseaux either placed dirt in the landfill or knew that dirt had been placed over the landfill before constructing the home, but never disclosed this to plaintiff. Plaintiff further alleged that the real estate agent knew or should have known and should have disclosed to him that the home had been built on a landfill and that the home would eventually suffer major structural and foundational problems. "Ken Major Realty" was voluntarily dismissed after filing an exception of lack of procedural capacity to be sued.[1] In its stead, plaintiff thereafter filed a supplemental and amending petition to name as additional defendants real estate agents, Joseph Major and Gay Aguillard, and their insurer, Twin City Fire Insurance Company. Major was eventually dismissed on an exception of no cause of action. Regions Mortgage, Inc., as the holder and owner of the promissory note secured by the mortgage upon the house and property, filed an intervention in the proceeding on April 3, 2006, to protect its mortgage.[2] By motion of plaintiff filed May 1, 2006, the matter was set for a status conference to set a trial date on June 20, 2006.[3] Counsel then representing Regions waived appearance at the status conference, which was held with counsel for plaintiff and counsel for Aguillard and