Opinion
NO. 2016 CW 1451
01-23-2017
JOY WICKER v. LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND CATHY CRADDOCK
In Re: Cathy Craddock and Louisiana Farm Bureau Casualty Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 647972. BEFORE: HIGGINBOTHAM, THERIOT AND CHUTZ, JJ.
WRIT DENIED.
MRT
WRC
Higginbotham, J., dissents and would grant the writ. The district court erred in denying the exception of lis pendens, filed by Louisiana Farm Bureau Casualty Insurance Company and Cathy Craddock. The two pending suits in the Baton Rouge City Court and the Nineteenth Judicial District Court involve the same transaction or occurrence and are between the same parties in the same capacities. See Matherne v. TWH Holdings, L.L.C., 2012-1878 (La. App. 1st Cir. 12/6/13), 136 So.3d 854, writ denied, 2014-0854 (La. 6/20/14), 141 So.3d 810. Accordingly, I would reverse the judgment of the district court denying the declinatory exception of lis pendens and remand this matter to the district court with instructions to dismiss the suit in that court. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT