Opinion
NO. 2018 CW 0894
11-09-2018
BANK OF ZACHARY v. LOUISIANA CITIZENS PROPERTY INSURANCE AND MCINNIS INSURANCE SERVICES, INC.
In Re: McInnis Insurance Services, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 660699. BEFORE: PETTIGREW, WELCH, AND CHUTZ, JJ.
WRIT DENIED. The denial of a peremptory exception of no cause of action represents an interlocutory ruling and cannot, on its own, provide a basis for a suspensive appeal. See La. Code Civ. P. arts. 1841 & 2083(C). Nevertheless, such a ruling is subject to review on appeal when a final, appealable judgment has been rendered in the case. Hayward v. Hayward, 2012-0720 (La. App. 1st Cir. 3/18/13), 182 So.3d 966, 970. Therefore, once the district court issues a signed judgment granting plaintiff/respondent Bank of Zachary's Motion for Summary Judgment against defendant/relator McInnis Insurance Services, Inc., this will represent a final, appealable judgment, and review of the denial of McInnis' Peremptory Exception of No Cause of Action may be reviewed on appeal at that time.
JTP
JEW
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT