2019CW0754 Nonprecedential Writ granted Processed

Toshula Carr v. City of Baton Rouge, Parish of East Baton Rouge Department of Public Works and Dwight Robinson

Louisiana Court of Appeal, First Circuit · Filed October 28, 2019

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

TOSHULA CARR NO. 2019 CW 0754

VERSUS

CITY OF BATON ROUGE, PARISH
OF EAST BATON ROUGE
DEPARTMENT OF PUBLIC WORKS
AND DWIGHT ROBINSON OCT 2S 204

In Re: Liberty Mutual Fire Insurance for
Company, applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 614238.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

WRIT GRANTED. The trial court' s May 7, 2019 judgment
granting the plaintiff' s motion to vacate the February 13, 2019
judgment denying her motion for new trial on the judgment
granting Liberty Mutual Insurance Company' s motion for summary
judgment is reversed. The plaintiff' s " motion to vacate" is an

impermissible second motion for new trial, which the trial court
erred as a matter of law in granting. See Clark v. Board of

Trustees of Clerks of Court Retirement & Relief Fund, 292 So. 2d
874
, 876 ( La. App. 1st Cir.), writ refused sub nom., Watermeier
v. Board of Trustees of the Clerks of Court Retirement & Relief
Fund, 294 So. 2d 836 ( La. 1974). Furthermore, contrary to the
plaintiff' s assertion, it is well settled that a motion for new
trial does not necessarily require a contradictory hearing.
Sonnier v. Liberty Mutual Insurance Co., 248 So. 2d 299 ( La.
1971); First Bank and Trust v. Fitness Ventures, L. L. C., 2017-
0475 ( La.
App. 1st Cir. 12/ 6/ 17), 2017 WL 6031783, * 4
unpublished),
citing Bracken v. Payne & Keller Co., Inc., 2014--
0637, ( La. App. 1st Cir. 8/ 10/ 15), 181 So. 3d 53, 57, n. 4.
Constitutional due process does not require a
contradictory
hearing on a motion for a new trial." First Bank and Trust, 2017
WL 6031783, * 4. The plaintiff' s to the
motion vacate February
13, 2019 judgment denying her motion for new triai on the
judgment granting Liberty Mutual Insurance Company' s motion for
summary judgment is denied.

TMH
AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT