Opinion
NO. 2018 CW 0517
07-23-2018
In Re: Ryan Matthew Kennedy and ANPAC Louisiana Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 645023. BEFORE: THERIOT, CHUTZ AND PENZATO, JJ.
WRIT DENIED. A party can only request a motion for new trial on a final judgment. The judgment in this case is an interlocutory judgment and not final. The motion for new trial/rehearing filed by relators does not serve to extend the delays for filing writs from the interlocutory ruling denying relators' "Motion for Physical Examination of Plaintiff, Motion for Examination of Radiographic Images by Neuroradiologist, and Motion for Extension of Discovery Deadline Dates." See Allstate Ins. Co. v. Mohamadian, 2009-1126 (La. App. 1st Cir. 2/17/10), 35 So.3d 1118, 1121. Accordingly, the instant writ application is denied as untimely.
MRT
WRC
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT