Matthew Oates v. Cenikor Foundation, Inc., Kevin Paul, and XYZ Insurance Company
Matthew Oates v. Cenikor Foundation, Inc., Kevin Paul, and XYZ Insurance Company, No. 2021CW0154 (La. Ct. App. 1st Cir. Feb. 12, 2021).
Authorities cited
Identified automatically; this list may not be exhaustive.
- RJ Gallagher Co. v. Lent, Inc. 361 So. 2d 1231
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MATTHEW OATES NO. 2021 CW 0154
VERSUS
CENIKOR FOUNDATION, INC.,
KEVIN PAUL, AND XYZ
INSURANCE COMPANY FEBRUARY 12, 2021
In Re: Justice Medical Funding, LLC, applying for supervisory
writs, 18th Judicial District Court, Parish of
Iberville, No. 078018.
BEFORE: WHIPPLE, C.J., WELCH AND CHUTZ, JJ.
STAY DENIED; WRIT GRANTED WITH ORDER. The district
court's August 12, 2020 judgment which appears to dispose of the
issues between a non-party, Justice Medical Funding, LLC, and a
party, Cenikor Foundation, Inc., is a final and appealable
judgment. See Amitech, U.S.A., Ltd. v. Nottingham Const. Co.,
2005-1981 ( La. App. 1st Cir. 2/14/07), 2007 WL 466782, n. 2
unpublished), citing R.J. Gallagher Co. v. Lent, Inc., 361
So.2d 1231 ( La. App. 1st Cir. 1978). The district court's
February 8, 2021 order which denied the motion for appeal filed
by Justice Medical Funding, LLC is reversed. Thus, the writ
application is granted for the limited purpose of remanding this
matter to the district court with instructions to grant an
appeal to Justice Medical Funding, LLC pursuant to the motion
for appeal it filed. Additionally, a copy of this court's order
is to be included in the appellate record.
VGW
JEW
WRC