2020CW1222 Nonprecedential Writ denied Processed

Frank Cushenberry and Robin Cushenberry, individually and on behalf of the minor children, Noah Cushenberry and Khloe Cushenberry v. Johnny Scott and Barber Brothers Contracting Company, LLC

Louisiana Court of Appeal, First Circuit · Filed December 30, 2020

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

FRANK CUSHENBERRY AND ROBIN NO. 2020 CW 1222
CUSHENBERRY, INDIVIDUALLY
AND ON BEHALF OF THE MINOR
CHILDREN, NOAH CUSHENBERRY
AND KHLOE CUSHENBERRY

VERSUS

JOHNNY SCOTT AND BARBER
BROTHERS CONTRACTING
COMPANY, LLC

CONSOLIDATED WITH

BARBER BROTHERS CONTRACTING
COMPANY, LLC

VERSUS

CAPITOL CITY PRODUCE
COMPANY, LLC, FRANK DECEMBER 30, 2020
CUSHENBERRY, AND XYZ
INSURANCE COMPANY

In Re: Johnny Scott and Barber Brothers Contracting Company,
LLC, applying for supervisory writs, 19th Judicial
District Court, Parish of East Baton Rouge, No. 674957
c/ w 672217.

BEFORE: GUIDRY, McCLENDON, AND LANIER, 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.

JMG
PMc

WIL

COURT OF APPEAL, FIRST CIRCUIT

n

DEPUTY C RK OF COURT
FOR THE COURT