Opinion
NO. 2017 CW 0364
04-20-2017
CONTINENTAL CASUALTY COMPANY AND COST SEGREGATION SERVICES, INC. v. ENTERGY GULF STATES LOUISIANA, LLC, CITY OF BATON ROUGE DEPARTMENT OF PUBLIC WORKS, EAST BATON ROUGE PARISH AND CSRS, INC. CONSOLIDATED WITH AMERICA FIRST INSURANCE COMPANY v. CITY OF BATON ROUGE, PARISH OF EAST BATON ROUGE, ENTERGY GULF STATES LOUISIANA, LLC, ABC INSURANCE COMPANY, THE BATON ROUGE WATER WORKS COMPANY AND BYRON E. TALBOT CONTRACTORS, INC.
In Re: Continental Casualty Company and Cost Segregation Services, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 600987 c/w 601271. BEFORE: PETTIGREW, McDONALD AND PENZATO, JJ.
WRIT GRANTED WITH ORDER. The district court's January 18, 2017 judgment which granted the motion for summary judgment filed by defendant, Entergy Gulf States Louisiana, L.L.C., and dismissed it with prejudice is a final, appealable judgment. See La. Code Civ. P. art. 1915(A)(1) and (3). Thus, the writ application is granted for the limited purpose of remanding this matter to the district court with instructions to grant an appeal to plaintiffs, Continental Casualty Company and Cost Segregation Services, Inc., pursuant to the February 17, 2017 Notice of Intent to Apply for Supervisory Writs. See In Re Howard, 541 So.2d 195 (La. 1989) (per curiam). In the event plaintiffs, Continental Casualty Company and Cost Segregation Services, Inc., seek to appeal the district court's judgment, they shall submit a new order for appeal to the trial court within fifteen days of this Court's order. Additionally, a copy of this Court's order is to be included in the appellate record.
JTP
JMM
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT