Todd W. Fanguy and Christy A. Fanguy v. UV Insurance Risk Retention Group, Inc. and Douglas R. Fortune

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

TODD W. FANGUY AND CHRISTY NO. 2022 CW 0680

A. FANGUY

VERSUS

UV INSURANCE RISK RETENTION July 22, 2022
GROUP, INC. AND DOUGLAS R.

FORTUNE

In Re: UV Logistics, LLC, applying for supervisory writs,

32nd Judicial District Court, Parish of Terrebonne,

No. 187229.

BEFORE: HOLDRIDGE, PENZATO, AND LANIER, JJ.

WRIT DENIED.
AHP
WIL

Holdridge, J., dissents and would grant the writ. The

Supreme Court remanded this matter to the trial court to make an
in camera inspection of the documents to determine whether the

documents were discoverable under the work -product exception

contained in Louisiana Code of Civil Procedure article 1424.
The case is remanded. .. to determine if the requested documents
are relevant and discoverable. See La. Code Civ. P. art.

1424[.]" Article 1424 states that the " court shall not order the
production or inspection of any writings... obtained or prepared

by the adverse party... in anticipation of litigation or in
preparation for trial[.]" From the transcript provided to this

court, there is no explanation, reasons, or even any hint as to

why the trial court thought the work -product exception did not

apply to the documents in question. Clearly, the intent of the

Supreme Court order was for the trial court to advise the

parties which documents are discoverable and why such documents
were not work product in accordance with Article 1424. Since
this court does not have the documents to review, I would grant

the writ because it is impossible for this court to make a

meaningful review to determine if the trial court complied with

the Supreme Court' s order since the trial court failed to

articulate its reasons that would have indicated that it

properly considered and followed the mandatory provisions of

Article 1424.

COURT OF APPEAL, FIRST CIRCUIT

4

DEPUTY CLERK OF COURT
FOR THE COURT