Opinion
22-C-320
07-17-2022
ERNSO HYATY v. KELLY PURVIS, GEICO INDEMNITY COMPANY, EAN HOLDINGS, LLC, ENTERPRISE RENT-A-CAR COMPANY, AND ABC INSURANCE COMPANY IN RE GEICO INDEMNITY COMPANY
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANK A. BRINDISI, DIVISION "E", NUMBER 787-610
Panel composed of Judges Robert A. Chaisson, Stephen J. Windhorst, and Hans J. Liljeberg
WRIT GRANTED; REMANDED
Relator, GEICO Indemnity Company, seeks review of:
1. The trial court's July 11, 2022 order granting an ex parte motion for leave to file first supplemental and amending petition by plaintiff, filed without consent of the parties, and without a contradictory hearing; and
2. The trial court's July 13, 2022 order denying relator's motion to vacate and strike ex parte motion for leave to file the first supplemental and amending petition without a contradictory hearing; and the motion to continue trial of the merits, leaving the motion for summary judgment filed by Enterprise Leasing set for hearing on the morning of trial on the merits, July 19, 2022.
It appears that the trial court did, in fact, deny relator's motions. After review of the writ application and exhibits, and on the showing made, relator's writ application is granted. Accordingly, we vacate the trial court's July 11, 2022 and July 13, 2022 rulings and remand this matter to the trial court to conduct a contradictory hearing on plaintiff's ex parte motion for leave to file first supplemental and amending petition, and relator's motions to continue trial date and to vacate and strike ex parte motion for leave to file first supplemental and amending petition. La. C.C.P. arts. 1151 and 966 C (1)(a).
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