Opinion
NO. 2013 CW 0601
06-19-2013
HAROLD McCOY AND TAKILA McCOY, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JABARI McCOY v. CURTIS C. ROBINSON, BARBARA ROBINSON, JAMES HILLIARD, RUSTON PROPERTIES, LLC, RODNEY WAYNE DUNN, JR. AND XYZ INSURANCE COMPANY
In Re: Curtis C. Robinson and Farmers Insurance
Exchange, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton
Rouge, No. 593562.
BEFORE: PARRO, KUHN AND McCLENDON, JJ.
WRIT GRANTED. The district court's ruling of March 19, 2013, denying Curtis C. Robinson and Farmers Insurance Exchange's motion for summary judgment is hereby reversed and judgment is entered in their favor, granting their motion and dismissing the plaintiffs' claims with prejudice. Curtis C. Robinson and Farmers Insurance Exchange met their burden on the motion for summary judgment and the plaintiffs failed to produce factual support sufficient to establish that they would be able to satisfy their evidentiary burden of proof at trial. Furthermore, the writ application is granted insofar as Barbara Robinson is dismissed as a defendant in this case. Pursuant to the Voluntary Community Property Settlement, dated January 26, 2009, Barbara Robinson was not an owner of the property at 12344 Glenhaven Dr., Baton Rouge, La, at the time of Jabari McCoy's death.
JEK
PMc
RHP
COURT OF APPEAL, FIRST CIRCUIT
____________________
DEPUTY CLERK OF COURT
FOR THE COURT