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Adams v. Berkley Ins. Co.

Court of Appeals of Louisiana, First Circuit
Sep 21, 2023
2023 CW 0870 (La. Ct. App. Sep. 21, 2023)

Opinion

2023 CW 0870

09-21-2023

MICKEY ADAMS AND DONNA ADAMS v. BERKLEY INSURANCE COMPANY, TOTAL WASTE SOLUTIONS, LLC, GRAND ISLE SHIPYARD, LLC AND ANTONUAL G. BROWN


In Re: Key Risk Insurance Company; Total Waste Solutions, LLC; and Antonual G. Brown, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 142079.

BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.

WRIT GRANTED. Notice of the hearing on plaintiffs' motion for summary judgment was served on defendants less than thirty days prior to the hearing in violation of the mandatory requirement of La. Code Civ. P. art. 966(C) (1) (b) . Therefore, the trial court was procedurally barred from acting on the motion for summary judgment. See Acadian Properties Northshore, L.L.C, v. Fitzmorris, 2017-0424 (La.App. 1st Cir. 11/1/17), 234 So.3d 927, 934. Accordingly, the district court's September 5, 2023 ruling that denied defendants' exception of insufficiency of service is reversed, the exception of insufficiency of service is granted, and the district court's ruling that granted plaintiffs' motion for partial summary judgment is vacated.

JMG

WRC

WIL


Summaries of

Adams v. Berkley Ins. Co.

Court of Appeals of Louisiana, First Circuit
Sep 21, 2023
2023 CW 0870 (La. Ct. App. Sep. 21, 2023)
Case details for

Adams v. Berkley Ins. Co.

Case Details

Full title:MICKEY ADAMS AND DONNA ADAMS v. BERKLEY INSURANCE COMPANY, TOTAL WASTE…

Court:Court of Appeals of Louisiana, First Circuit

Date published: Sep 21, 2023

Citations

2023 CW 0870 (La. Ct. App. Sep. 21, 2023)