Vickie Pounds v. Liberty Mutual Insurance Company, Benjamin Todd and Nationwide Affinity Insurance Company of America

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

VICKIE POUNDS NO. 2019 CW 1491

VERSUS

LIBERTY MUTUAL INSURANCE
COMPANY, BENJAMIN TODD AND
NATIONWIDE AFFINITY NOVEMBER 12, 2019
INSURANCE COMPANY OF AMERICA

In Re: Benjamin Todd, for
applying supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 638870.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED WITH ORDER. The trial court' s November 7,
2019 ruling which denied the motion to trial
continue
filed by
defendant is reversed. La. Code Civ. P. art. 1502 provides that
a continuance shall be granted if at the time the case is to be
tried,
the party applying for the continuance shows that he has
been unable, with the exercise due
of diligence, to obtain
evidence material to his case. Defendant herein made a
sufficient showing to entitle him to a continuance of the
November 18, 2019 trial. The motion to continue the trial from
the date of November 18, 2019 is granted. This matter is
remanded to the trial court with instructions to set a new trial
date, taking into consideration defendant' s needs to obtain
material evidence for his case.

JMM
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

e

DEPUTY LERK OF COURT
FOR THE COURT