Opinion
NO. 2017 CW 0216
03-01-2017
DANA ANNETTE BOLTON v. FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY AND FARMERS INSURANCE EXCHANGE
In Re: Dana Annette Bolton, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 583650. BEFORE: HIGGINBOTHAM, CRAIN, THERIOT, HOLDRIDGE AND CHUTZ, JJ.
WRIT GRANTED WITH ORDER. The trial court abused its discretion in denying the motion for mistrial. After a jury was empaneled, opening statements and plaintiff presenting four witnesses, the trial judge granted a continuance resulting in a ten-month, thirteen-day delay in the trial. The record does not reveal the least consideration given to the effects of this delay on the empaneled jurors. A dignified, orderly and expeditious trial is of fundamental importance. A dignified, orderly and expeditious trial is of fundamental importance. See La. C.C.P. arts. 1601 & 1631(A). The circumstances of this case reflect a fundamental failure in the proceeding which can only be cured by granting a mistrial. See Denton v Vidrine, 2006-0141 (La. App. 1st Cir. 12/28/06), 951 So.2d 274, writ denied, 2007-0172 (La. 5/18/07), 957 So.2d 152. The writ is granted. The trial court's February 13, 2017 ruling denying the motion for mistrial is reversed, and the motion for mistrial is granted. We further order the trial court to release the current jurors from their subpoenas. The matter is remanded for further proceedings consistent with this ruling.
WJC
MRT
WRC
Holdridge, J., concurs in part and dissents in part. I would grant the writ for the purpose of ordering the trial court to conduct an evidentiary hearing to determine whether the jurors were impacted in any way by the ten-month, thirteen-day delay, and if so, for a determination of whether the plaintiff was prejudiced in any manner by the delay and, if so, whether the prejudice to the plaintiff could be remedied in a way so as to avoid a mistrial.
Higginbotham, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT