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Madden v. Fairburn

Court of Appeals of Louisiana, First Circuit
Feb 1, 2023
2022 CW 1206 (La. Ct. App. Feb. 1, 2023)

Opinion

2022 CW 1206

02-01-2023

DOROTHY BANISH MADDEN v. STEVEN RAY FAIRBURN, K.S. TIMBER COMPANY, INC., PLAZA INSURANCE COMPANY, XYZ INSURANCE COMPANY, & CAPITAL SPECIALTY INSURANCE CORPORATION


In Re: Dorothy Banish Madden, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 111549.

BEFORE: GUIDRY, C.J., WELCH, HOLDRIDGE, WOLFE AND MILLER, JJ.

WRIT GRANTED. We find the trial court abused its discretion in denying plaintiff leave to file the first amended petition for damages. Amendment of pleadings should be liberally allowed provided that the movant is acting in good faith, the amendment is not sought as a delaying tactic, the opponent will not be unduly prejudiced, and trial on the issues will not be unduly delayed. Palowsky v. Cork, 2019-0148 (La.App. 1st Cir. 5/20/20), 304 So.3d 867, 875. We conclude those four factors are satisfied in this case. Accordingly, that portion of the trial court's October 5, 2022 judgment is reversed and we hereby grant plaintiff's, Dorothy Banish Madden, motion for leave to file the first amended petition for damages. The trial court further denied as moot the exception of prescription filed by defendant, Capitol Specialty Insurance Corporation. In light of our granting plaintiff leave to amend, that portion of the trial court's October 5, 2022 judgment is hereby vacated and the peremptory exception raising the objection of prescription is remanded to the trial court for further proceedings.

JMG

JEW

GH

SMM

Wolfe, J.,dissents and would deny the writ. The criteria set forth in Berlitz Constuction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.


Summaries of

Madden v. Fairburn

Court of Appeals of Louisiana, First Circuit
Feb 1, 2023
2022 CW 1206 (La. Ct. App. Feb. 1, 2023)
Case details for

Madden v. Fairburn

Case Details

Full title:DOROTHY BANISH MADDEN v. STEVEN RAY FAIRBURN, K.S. TIMBER COMPANY, INC.…

Court:Court of Appeals of Louisiana, First Circuit

Date published: Feb 1, 2023

Citations

2022 CW 1206 (La. Ct. App. Feb. 1, 2023)