Gustave J. Labarre, Jr. v. Occidental Chemical Company

0, Ll

GUSTAVE J. LABARRE, JR., ET NO. 2022 CW 0402
AL.

VERSUS

OCCIDENTAL CHEMICAL COMPANY, APRIL 20, 2022
ET AL.

In Re: Zurich American Steadfast
Insurance Company, Insurance
Company and American Guarantee & Liability Insurance
Company, applying for supervisory writs, 23rd Judicial
District Court, Parish of Assumption, No. 33796.

BEFORE: HOLDRIDGE, PENZATO, AND HESTER, JJ.

STAY DENIED; WRIT DENIED ON THE SHOWING MADE.

AHP
CHH

Holdridge, J.,
dissents and would grant a brief stay of the
proceedings in order to review the merits of the district court
ruling. The writ application failed to include the transcript,
and therefore, this court is unable to confirm the evidence

admitted at the hearing. An exception of no right of action can
be raised at any time in the district court or the court of

appeal, and therefore,
this court should decide the propriety of
the denial of the exception prior to trial on the merits. La.
Code Civ. P. arts. 928 and 2163.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK 0 COURT
FOR THE C RT