Opinion
NO. 2018 CW 1498
01-10-2019
ROZELYN PARKER v. SEOLA ENTERPRISES, INC., INTERNATIONAL INSURANCE COMPANY OF HANNIVER SE, AND HISCOX INSURANCE COMPANY
In Re: International Insurance Company of Hannover SE, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 661256. BEFORE: WHIPPLE, C.J., WELCH AND CHUTZ, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The writ application is granted and the trial court's July 20, 2018 judgment which sustained the Exception of Prematurity filed on behalf of Seola Enterprises, Inc., "administratively stayed" the matter until such time as all parties to the action submit the matters for adjudication in a binding arbitration proceeding, and dismissed the Petition for Writ of Mandamus filed on behalf of Rozelyn Parker without prejudice, is vacated. This matter is remanded to the trial court to conduct a trial on the Exception of Prematurity, pursuant to La. Code Civ. P. art. 930, with notice, evidence, and briefing. In all other respects, the writ application is denied.
JEW
WRC
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT