Bernard v. Allstate Ins. Co.

16 Citing cases

  1. Barre v. St. Martin

    499 So. 2d 607 (La. Ct. App. 1987)   Cited 2 times

    " Brown v. New Orleans Public Service, Inc., 490 So.2d 271 (La. 1986) at 272. Additionally, the third circuit has enunciated a standard for determining the appealability of the denial of a trial by jury in Bernard v. Allstate Insurance Co., 396 So.2d 548 (La.App. 3rd Cir. 1981) as follows: "A party appealing from an interlocutory judgment of the trial court denying it a trial by jury must show that it is clearly entitled to such under the appropriate statute." 396 So.2d 548 at 551.

  2. Anderson v. St. Bernard Parish

    503 So. 2d 549 (La. Ct. App. 1987)   Cited 1 times

    We have resolved to dismiss the appeal. The procedural posture of this case is the same as Bernard v. Allstate Ins. Co., 396 So.2d 548 (La.App. 3rd Cir. 1981) where the plaintiff's motion to strike the jury requested by Allstate was granted, Allstate applied for writs and took an appeal, writs were denied, and the court dismissed the appeal on its own motion. The court reasoned that an application for supervisory writs is the preferred procedural remedy for an order denying a jury trial because it is more expeditious while the use of the appellate process to correct procedural errors would result in piecemeal appeals and undue delay.

  3. Clary v. State Farm Mut. Auto. Ins. Co.

    204 So. 3d 1102 (La. Ct. App. 2016)   Cited 3 times

    The test for determining whether an interlocutory judgment may cause irreparable harm is whether the procedural error will have such an effect on the merits of the case that the appellate court cannot correct an erroneous decision on the merits. Bernard v. Allstate Ins. Co., 396 So.2d 548 (La.App. 3d Cir.1981). We think in this case it would not.

  4. Benton Spec. v. Cajun

    13 So. 3d 257 (La. Ct. App. 2009)   Cited 3 times

    However, Appellee asserts that pursuant to La. Code Civ.P. art. 1841, the judgment denying the Rule for Sanctions is an interlocutory judgment because it decides preliminary matters rather than the merits of the case. Appellee cites Bernard v. Allstate Ins. Co., 396 So.2d 548 (La.App. 3 Cir. 1981), for the proposition that there is no right to appeal an interlocutory judgment, absent a showing of irreparable injury. In the instant case, Appellee contends that Cajun has not made a showing of irreparable harm, and therefore, it cannot take an appeal from the judgment regarding the Rule for Sanctions. According to Appellee, the only means by which Cajun could have had this court review the trial court's ruling regarding sanctions would have been to file a notice of intent to seek supervisory writs.

  5. Manning v. United Med. Co.

    902 So. 2d 406 (La. Ct. App. 2005)   Cited 10 times
    In Manning, this court held that personal liability cannot be imposed upon a corporate officer simply because of the officer's general administrative responsibility for the performance of some corporate function; instead, the officer must have a personal duty towards the plaintiff.

    The test for determining whether an interlocutory judgment may cause irreparable injury is whether the procedural error will have such an effect on the merits of the case, that the appellate court cannot correct an erroneous decision on the merits. Miller, supra, citing Bernard v. Allstate Ins. Co., 396 So.2d 548. Accordingly, we do not find that the trial court's judgment granting the defendant's Motion in Limine is an evidentiary ruling, which will cause irreparable harm.

  6. D'Angelo v. Prechter

    899 So. 2d 613 (La. Ct. App. 2005)   Cited 3 times

    We note that no party sought supervisory review of the trial court's order striking the jury. See, Brown v. General Motors Corp., 95-244, 95-245 (La.App. 5 Cir. 10/18/95), 662 So.2d 531; Bernard v. Allstate Ins. Co., 396 So.2d 548 (La.App. 3rd Cir. 1981). After reviewing the pleading at issue, we do not find that the trial court abused its discretion in striking plaintiffs' request for a jury trial.

  7. In re Medical Review Panel

    854 So. 2d 438 (La. Ct. App. 2003)   Cited 2 times

    A judgment that does not determine the merits but only preliminary matters in the course of the action is an interlocutory judgment, which is not appealable absent a showing that it may cause irreparable injury. La.C.C.P. arts. 1841 and 2083 . Bernard v. Allstate Insurance Company, 396 So.2d 548 (La.App. 3 Cir. 1981). The test for determining whether an interlocutory judgment may cause irreparable injury is whether any error in the judgment may be corrected as a practical matter on appeal following the determination of the merits . Jacobs v. Jacobs, 365 So.2d 25 (La.App.

  8. Dugas v. Audubon Ins. Co.

    676 So. 2d 700 (La. Ct. App. 1996)

    The appellant did not respond to the rule to show cause. In Bernard v. Allstate Insurance Company, 396 So.2d 548 (La.App. 3 Cir. 1981), this court held that a judgment denying a jury trial was a non-appealable, interlocutory judgment, and that the better procedure for seeking review of an order denying a jury trial is by supervisory writ application since such review is more expeditious than an appeal. See also Edward J. Milligan, Jr., Ltd. v. Keele, 610 So.2d 1087 (La.App. 3 Cir. 1992).

  9. Deshotels v. Evangeline

    671 So. 2d 1136 (La. Ct. App. 1996)   Cited 6 times

    We also note that an appellate court may dismiss an appeal on its own motion where there is no right to an appeal. Bernard v. Allstate Ins. Co., 396 So.2d 548 (La.App. 3 Cir. 1981). Titan also argues that the instant situation is not an appeal from a grant of a motion for summary judgment but an appeal from a judgment from a petition for rule.

  10. Fontenot v. Miss Cathie's

    634 So. 2d 1380 (La. Ct. App. 1994)   Cited 13 times

    Merely requiring the parties to go to trial does not constitute irreparable injury. The test for determining whether an interlocutory judgment may cause irreparable harm is whether the procedural error will have such an effect on the merits of the case that the appellate court cannot correct an erroneous decision on the merits. Bernard v. Allstate Ins. Co., 396 So.2d 548 (La.App. 3d Cir. 1981). We think in this case it would not. Likewise, the denial of a motion for summary judgment is an interlocutory judgment which is not subject to appeal. La.C.C.P. arts. 968, 1841; Louviere v. Byers, 526 So.2d 1253 (La.App. 3d Cir. 1988), writ denied, 528 So.2d 153.