Janice Marlene Kosak and Janice Ashley Chaisson v. Louisiana Farm Bureau Casualty Insurance Company, Darrian Bozeman, Bryan Bozeman, GEICO Casualty Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

JANICE MARLENE KOSAK AND NO. 2021 CW 1192
JANICE ASHLEY CHAISSON PAGE 1 OF 2

VERSUS

LOUISIANA FARM BUREAU
CASUALTY INSURANCE COMPANY,
DARRIAN BOZEMAN, BRYAN
BOZEMAN, GEICO CASUALTY
COMPANY

NOVEMBER 8, 2021

In Re: Louisiana Farm Bureau
Casualty Insurance Company,
applying for supervisory writs, 21st Judicial District
Court, Parish of Livingston, No. 151193.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT NOT CONSIDERED IN PART; WRIT GRANTED IN PART.

Regarding the motion for summary judgment, this writ application
fails to comply with the Uniform Rules of Louisiana Courts of
Appeal, Rule 4- 5( C)( 8). Relator failed to include all pleadings

upon which the ruling was founded, including but not limited to
all pleadings filed in support and opposition to Louisiana Farm
Bureau Casualty Insurance Company' s (" Farm Bureau") motion for
summary judgment, including but not limited to all exhibits

filed with such pleadings. Further,
a transcript of the hearing
was not provided, and the district court' s reasons for denial of
the motion are not evident from the writ application. See La.
Code Civ. P. art. 966( C)( 4). This court requires a transcript
of the hearing in order to properly review this issue.

Supplementation of this writ application and/ or an
application for rehearing will not be considered. Uniform Rules
of Louisiana Courts of Appeal, Rules 2- 18. 7 & 4- 9.

In the event relator seeks to file a new application with
this court, it must contain all pertinent documentation, the
missing items noted above, and must comply with Uniform Rules of
Louisiana Courts of Appeal, Rule 2- 12. 2. Any new application
must be filed on or before November 12, 2021, at 9: 00 a. m. , and

it must contain a copy of this ruling.

Regarding the jury issue, the district court' s September
28, 2021 sua sponte order its
vacating previous order granting
the motion to withdraw cash jury bond filed by Farm Bureau is
vacated. Farm Bureau complied with La. Code Civ. P. art.
1733( B) by filing its motion to withdraw its for
request jury
trial in writing. The district court erred in subsequently
vacating its previous order granting the motion to withdraw the
jury bond. In order to obtain a jury trial, a party is required
to comply with the Code of Civil Procedure, which dictates that

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

NO. 2021 CW 1192
PAGE, 2 OF 2

to maintain a jury trial, "[ a] civil litigant must timely file a
pleading demanding a trial by jury and a bond of sufficient
amount." Spencer v. Benny' s Car Wash, LLC, 2011- 1708 ( La. App.
1st Cir. 5/ 4/ 12), 2012 WL 1580601, * 5( unpublished).

VGW
AHP
CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C.LERt OF COURT
FOR THE COURT