Opinion
NO. 2015 CW 0224
03-31-2015
SUSAN TOUPS v. REGINALD LOUQUE, DRAGON EYES PRODUCTION, LLC, DRAGON EYES 2 PRODUCTION, LLC, EMPLOYERS FIRE INSURANCE COMPANY, HOLLYWOOD TRUCKS, LLC, and HARTFORD CASUALTY INSURANCE COMPANY
In Re: Reginald Louque, Dragon Eyes Production, LLC, Dragon Eyes 2 Production, LLC, Employers Fire Insurance Company and Hollywood Trucks, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 607108. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, THERIOT, AND CHUTZ JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The February 2, 2015 judgment denying the motion to set this matter for jury trial filed by defendants Reginald Louque, Dragon Eyes Production, LLC, Dragon Eyes 2 Production, LLC and Employers Fire Insurance Company is hereby reversed and judgment is entered in their favor, granting their motion for a trial by jury. See La. Code Civ. P. art. 1733; Willeby v. JE Merit Constructors, Inc., 2004-2421 (La. App. 1st Cir. 6/10/05), 917 So. 2d 21. The writ is denied with respect to Hollywood Trucks, LLC, which was not a mover below and, therefore, is not a proper relator.
PMc
TMH
WRC
Whipple, C.J. dissents in part and concurs in part. I would deny the writ, finding the trial court did not abuse its discretion in denying relators' motion to set for jury trial. Relators failed to timely perfect their right to a jury trial by not filing a motion to set a jury bond and/or filing a jury bond within sixty days of the initial trial date and by failing to properly object to the setting of the matter for bench trial. See Riddle v. Bickford, 2000-2408 (La. 5/15/01), 785 So.2d 795; Guidroz v. State Farm Fire & Cas. Co., 10731 (La. App. 1st Cir. 5/24/76), 334 So.2d 535. I agree with the majority's denial of the writ with respect to Hollywood Trucks, LLC, which was not a mover below and, therefore, is not a proper relator. Theriot, J. dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT