Darville v. Southern Farm Bureau Cas. Ins. Co.

Full title: Leola Cary DARVILLE et vir., Plaintiffs-Appellants, v. SOUTHERN FARM…

Court: Court of Appeal of Louisiana, First Circuit

Date published: Jun 30, 1967

200 So. 2d 89 (La. Ct. App. 1967)

Opinion

No. 7061.

May 29, 1967. Rehearing Denied June 30, 1967

Appeal from Nineteenth Judicial District Court, Parish of East Baton Rouge; Elmo E. Lear, Judge.

Percy, Macmurdo Gray, Baton Rouge, for appellants.

Theo. F. Cangelosi, John Schwab and Robert L. Cangelosi, Baton Rouge, for Hymel Store Co., defendant-third-party plaintiff and appellant.

Robert J. Vandaworker, of Taylor, Porter, Brooks, Fuller Phillips, Baton Rouge, for Southern Farm Bureau Cas. Ins. Co., defendant-appellee.

Before ELLIS and BAILES, JJ.

BAILES, Judge.

For the reasons assigned in the companion case of Harris et al. v. Hymel Store Co., Inc., et al., La. App., 200 So.2d 84, decided by us this day, the judgment of the trial court in favor of defendant, Southern Farm Bureau Casualty Insurance Co. and against the plaintiffs granting summary judgment, with prejudice, is reversed.

It is further ordered that the judgment in favor of the third party defendant, Southern Farm Bureau Casualty Insurance Co., and against third party plaintiff, Hymel Store Co. Inc., granting summary judgment, with prejudice, is reversed.

It is further ordered that this matter is remanded to the trial court for further proceedings not inconsistent herewith. Defendant, Southern Farm Bureau Casualty Insurance Company, is condemned to pay all court costs incurred in connection with the motion for summary judgment.

Reversed and remanded.

LANDRY, J., recused.