Margaret Chouest v. Stephen Guy Delaup, Connick and Connick, LLC and CNA Financial Corporation d/b/a CNA and/or Continental Casualty Company d/ba CNA

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MARGARET S. CHOUEST NO. 2020 CW 0334
VERSUS

STEPHEN GUY DELAUP, CONNICK AND
CONNICK, L.L.C., AND CNA FINANCIAL
CORPORATION D/B/A CNA AND/OR JUNE 09, 2020
CONTINENTAL CASUALTY COMPANY, INC.
D/B/A CNA

In Re: Stephen Guy Delaup, and S. Guy DeLaup, APLC and
Continental Casualty Company, applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 678670.

BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.

WRIT NOT CONSIDERED IN PART AND DENIED IN PART. Relators
failed to provide a copy of the judgment on the ruling on the
Motion for Summary Judgment complained of in violation of Rule
4-5(C) (6) of the Uniform Rules of the Louisiana Courts of
Appeal, and therefore, this writ is not considered as to that
ruling.
Supplementation of this writ application and/or an
application for rehearing will not be considered. Rules 4-9 and
2-18.7, Uniform Rules of Louisiana Courts of Appeal.
In the event relators seek to file a new application with
this court as to the ruling on the Motion for Summary Judgment,
it must contain all pertinent documentation, including the
missing item noted above, and must comply with Rule 2-12. 2 of
the Uniform Rules of Louisiana Courts of Appeal. Any new
application must be filed on or before thirty days from the
notice of the signing of the judgment on the Motion for Summary
Judgment, and must contain a copy of this ruling.
This writ application is denied as to the trial court's
February 24, 2020 ruling, which denied the Motion to Stay Legal
Malpractice Claim and Motion to Continue Plaintiff's Motion for
Summary Judgment filed by the relators, Stephen Guy de La up, S.
Guy deLaup, APLC, and Continental Casualty Company, as the
criteria set forth in Herli tz Construction Co. , Inc. v. Hotel
Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per
curiam), are not met.
TMH
AHP
Holdridge, J., concurs in part and dissents in part. I
concur in the majority's not considering the writ application as
to the Motion for Summary Judgment in accordance with the
majority allowing the relators an opportunity to file a new
application. I dissent from the ruling which denied the Motion
to Stay Legal Malpractice Claim and the Motion to Continue the
Plaintiff's Motion for Summary Judgment filed by relators,
Stephen Guy deLaup, S. Guy deLaup, APLC, and Continental
Casualty Company. I would grant both motions.

COURT OF APPEAL, FIRST CIRCUIT

TY
FOR THE COURT