Opinion
NO. 2017 CW 0243
04-28-2017
INSULATION SALES & SERVICES, LLC v. MID-SOUTH MECHANICAL CONTRACTORS, INC., ET AL.
In Re: Liberty Mutual Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 642454. BEFORE: WELCH, CRAIN AND HOLDRIDGE, JJ.
WRIT GRANTED. The ruling of the district court which denied the exception of no cause of action filed by relator, Liberty Mutual Insurance Company, is reversed. Plaintiff in Cross-Claim, Mid-South Mechanical Contractors, Inc., has failed to sufficiently assert a cause of action against defendant in Cross-Claim, Liberty Mutual Insurance Company. Judgment is hereby rendered sustaining the exception of no cause of action and dismissing Liberty Mutual Insurance Company from the Cross-Claim filed herein. This matter is remanded with instructions that the district court allow plaintiff in Cross-Claim, Mid-South Mechanical Contractors, Inc., the opportunity to amend its pleadings in order to attempt to remove the grounds of the objection raised herein. See La. Code Civ. P. art. 934 . The issues regarding the exception of peremption are pretermitted.
JEW
WJC
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT