J. Benjamin Zapata and Amanda Zapata v. Stephen Wayne Seal, Diversified Well Logging, Inc. and Navigators Insurance Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

J. BENJAMIN ZAPATA AND AMANDA NC. 2020 CW 0275
ZAPATA

VERSUS

STEPHEN WAYNE SEAL,
DIVERSIFIED WELL LOGGING, INC.

AND NAVIGATORS INSURANCE MAY 12 2020
COMPUTER

In Re: J. Benjamin Zapata and Amanda Zapata, applying for

21st Judicial District Court, Parish
supervisory writs,
of Tangipahoa, No. 20150000461

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT NOT CONSIDERED. Relators failed to include a copy of the
judgment in violations of the Uniform Rules of Louisiana Courts of
Appeal, Rule 4- 5( C) ( 6) .

Supplementation of this writ application and/ or an

application for rehearing will not be considered. Uniform Rules of

Louisiana Courts of Appeal, Rules 4- 9 and 2- 18. 7.

MRT
WRC

McDonald, J., dissents and would grant the writ and reverse
the trial court' s September 25, 2019 ruling that granted the motion
to vacate filed by plaintiffs, J. Benjamin Zapata and Amanda

Zapata. Under the circumstances of this case, plaintiffs never

sought relief pursuant to La. Code Civ. P. arts. 966 and 967 in
order to timely obtain evidence necessary to their opposition.

Accordingly, I find the trial court abused its discretion in

granting the motion to vacate, and I would deny the motion.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT