Bridget Rivet and Tyler Rivet v. Precision Landscape, LLC d/b/a Precision Landscape and Pools, LLC, Discount Fiberglass Pools, Inc. d/b/a Tallman Pools, and Mesa Underwriters Specialty Insurance Company
Bridget Rivet and Tyler Rivet v. Precision Landscape, LLC d/b/a Precision Landscape and Pools, LLC, Discount Fiberglass Pools, Inc. d/b/a Tallman Pools, and Mesa Underwriters Specialty Insurance Company, No. 2022CW0704 (La. Ct. App. 1st Cir. July 8, 2022).
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Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
BRIDGET RIVET AND TYLER NO. 2022 CW 0704
RIVET
VERSUS
PRECISION LANDSCAPE, LLC
D/B/A PRECISION LANDSCAPE
AND POOLS, LLC, DISCOUNT
FIBERGLASS POOLS, INC. D/B/A
TALLMAN POOLS AND MESA
UNDERWRITERS SPECIALTY
INSURANCE COMPANY
JULY 08, 2022
In Re: United Specialty Insurance Company, applying for
supervisory writs, 18th Judicial District Court,
Parish of Iberville, No. 79793.
BEFORE : HOLDRIDGE, PENZATO, 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.
AHP
WIL
Holdridge, J., concurs and would deny the writ. While some
of the plaintiffs’ claims may not be covered under the relator’s
policy, relator has an adequate remedy on appeal after a
determination of the fault of Precision Landscape, LLC d/b/a
Precision Landscape and Pools, LLC and the amount of damages, if
any, that may be owed to the plaintiffs.
COURT OF APPEAL, FIRST CIRCUIT
Ah. Con)
DEPUTY CLERK OF COURT
FOR THE COURT