Charlyne R. Alfred v. Joseph J. Trapp, US Agencies Casualty Insurance Company and State Farm Mutual Automobile Insurance Company
Charlyne R. Alfred v. Joseph J. Trapp, US Agencies Casualty Insurance Company and State Farm Mutual Automobile Insurance Company, No. 2020CW1055 (La. Ct. App. 1st Cir. Jan. 13, 2021).
Authorities cited
Identified automatically; this list may not be exhaustive.
- In Re Howard 541 So. 2d 195
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
CHARLYNE R. ALFRED NO. 2020 CW 1055
VERSUS
JOSEPH J. TRAPP, USAGENCIES JANUARY 13, 2021
CASUALTY INSURANCE COMPANY
AND STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY
In Re: Charlyne R. Alfred, for
applying supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 200812051.
BEFORE: GUIDRY, HOLDRIDGE, AND LANIER, JJ.
WRIT GRANTED WITH ORDER. The October 7, 2020 judgment
denying relator' s motion for summary judgment contains a
certification by the trial court pursuant to La. Code Civ. P.
art. 1915( B). Therefore, this matter is remanded to the trial
court with instructions to grant relator, Charlyne R. Alfred, an
appeal from the October 7, 2020 judgment pursuant to the
September 11, 2020 Notice Intent to for
of
Apply Supervisory
Writ. See In Re Howard, 541 So. 2d 195, 197 ( La. 1989) ( per
curiam). In the event relator seeks to appeal, she shall submit
a new order for appeal to the trial court within 15 days of this
order.
A copy of this order is to be included in the appellate
record.
JMG
WIL
Holdridge, J., dissents and would deny the writ. The
parties should agree to a trial
separate on the issue of
insurance coverage to be decided by the court alone in
accordance with La. Code Civ. P. art. 1562.
COURT OF APPEAL, FIRST CIRCUIT
r1,
V
DEPUTY C ERIC OF COURT
FOR THE COURT