Opinion
2023 CW 1228
12-15-2023
ROYDALL A. LUMAR v. AMERICAN ALTERNATIVE INSURANCE CORPORATION, THE CITY OF SLIDELL, AND JOHNNY JOHNSON
In Re: Roydall A. Lumar, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 202110491.
BEFORE: WELCH, THERIOT, HOLDRIDGE, LANIER, AND WOLFE, JJ.
Holdridge, J., retired, serving pro tempore, by special appointment of the Louisiana Supreme Court.
STAY DENIED; WRIT DENIED. The criteria set forth in Berlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam), are not met.
MRT
WIL
EW
WELCH AND HOLDRIDGE, JJ., dissent and would grant the writ application. La. Code Civ. P. art. 1602 provides that a continuance shall be granted if at the time a case is to be tried, the party applying for the continuance shows that he has been unable, with the exercise of due diligence, to obtain evidence material to his case. In asking the court to reconsider his request for continuance, plaintiff alleged he tried to no avail to obtain crucial medical records that are necessary to substantiate his personal injury claim from both the Louisiana Department of Health and his current medical providers. Moreover, it appears both parties were still engaged in discovery as late as October 25, 2023 in light of the trial court's granting of defendants' motion to permit subpoena for deposition of plaintiff's former counsel. Based on those grounds, we conclude a continuance pursuant to Article 1602 was required.