Opinion
NO. 2019 CW 1491
11-12-2019
VICKIE POUNDS v. LIBERTY MUTUAL INSURANCE COMPANY, BENJAMIN TODD AND NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA
In Re: Benjamin Todd, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 638870. BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED WITH ORDER. The trial court's November 7, 2019 ruling which denied the motion to continue trial filed by defendant is reversed. La. Code Civ. P. art. 1602 provides that a continuance shall be granted if at the time the 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. Defendant herein made a sufficient showing to entitle him to a continuance of the November 18, 2019 trial. The motion to continue the trial from the date of November 18, 2019 is granted. This matter is remanded to the trial court with instructions to set a new trial date, taking into consideration defendant's needs to obtain material evidence for his case.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT