Opinion
2024 CW 0132
05-10-2024
TRUFUND FINANCIAL SERVICES, INC. v. CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE
In Re: City of Baton Rouge/Parish of East Baton Rouge, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 645210.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
STAY DENIED; WRIT GRANTED WITH ORDER. The district court's December 15, 2023 judgment granting the motion for partial summary judgment filed by Defendant-in-Reconvention, TruFund Financial Services, Inc., is a final, appealable judgment pursuant to La. Code Civ. P. art. 1915(A)(3). See Jalou II, Inc. v. Liner, 2010-0048 (La.App. 1st Cir. 6/16/10), 43 So.3d 1023, 1031 n.5. Therefore, the writ is granted for the limited purpose of remanding the case to the district court with instructions to grant relator, City of Baton Rouge/Parish of East Baton Rouge, an appeal pursuant to the pleading that notified the district court of its intention to seek writs. See In re Howard, 541 So.2d 195, 197 (La. 1989) (per curiam). A copy of this Court's order is to be included in the appellate record.
PMc
CHH
Miller, J., agrees in part and dissents in part. I agree with the majority's decision to deny relator's stay request. However, I would deny the writ application.