2020CW0637 Nonprecedential Writ denied Processed

Dustin Jackson v. FCCI Insurance Company, Stewart Interior Contractors, L.L.C., and James Cagle

Louisiana Court of Appeal, First Circuit · Filed August 28, 2020

Authorities cited

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DUSTIN JACKSON NO. 2020 CW 0637

VERSUS

FCCI INSURANCE COMPANY, AUG P. 8 2020
STEWART INTERIOR
CONTRACTORS, L. L. C., AND
JAMES CAGLE

In Re: Dustin Jackson, applying for supervisory writs, 19th
Judicial District Court, Parish of East Raton Rouge,
No. 658952.

BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.

WRIT DENIED. The criteria set forth in Herlitz
Construction Co., Inc. v. Hotel Investors of New Iberia, Inc.,
396 So. 2d 878 ( La. 1981) ( per curiam) are not met.

k4M

Theriot, J.,
concurs and would deny the writ.

Wolfe, J., dissents and would grant the writ. Although a

broad range of
discovery is favored, the information sought

appears to be too intrusive and the relevancy is questionable.
The defendant already was granted access to plaintiff' s bank
records and has taken several
discovery depositions but has yet

to depose the plaintiff, even though this litigation has been
pending for several years.

COURT OF APPEAL, FTRST CIRCUIT

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DtPUT)7AEN< OF
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FOR THE COURT