Barber Brothers Contracting Company, Llc v. Capitol City Produce Company, Llc; Frank Cushenberry; And Xyz Insurance Company C/w Frank Cushenberry And Robin Cushenberry, Individually And On Behalf Of The Minor Children, Noah Cushenberry And Khloe Cush

Supreme Court of Louisiana
October 31, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
BARBER BROTHERS CONTRACTING
COMPANY, LLC VS. CAPITOL CITY PRODUCE
COMPANY, LLC; FRANK CUSHENBERRY;
AND XYZ INSURANCE COMPANY
C/W
FRANK CUSHENBERRY AND ROBIN
CUSHENBERRY,
INDIVIDUALLY AND ON
BEHALF OF THE MINOR CHILDREN, NOAH
CUSHENBERRY AND KHLOE CUSHENBERRY
VS. JOHNNY SCOTT AND BARBER
BROTHERS CONTRACTING COMPANY, LLC
No. 2023-C-00788
_ _ _ _
_ _
IN
RE: Barber Brothers Contracting Company, LLC - Applicant Defendant;
Applying For Writ Of Certiorari, Parish of East Baton Rouge, 19th Judicial District
Court Number(s) 672217 c/w 674957, Court of Appeal, First Circuit, Number(s)
2022 CA 0696 c/w 2022 CA 0697;
_ _ _ _ _ _
October 31, 2023
Writ application granted - see briefing notice and Order.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
10/31/2023 "See News Release 047 for any Concurrences and/or Dissents."

Supreme Court
STATE OF LOUISIANA
New Orleans
C
HIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WILLIAM J. CRAIN
SCOTT J. CRICHTON
JAMES T. GENOVESE
JAY B. MCCALLUM
JEFFERSON D. HUGHES III
PIPER D. GRIFFIN
S
ixth District
F
irst District
Second District
Third District
Fourth District
Fifth District
Seventh District
V
ERONICA O. KOCLANES
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
T
ELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
October 31, 2023
2023-C-00788 BARBER BROTHERS CONTRACTING COMPANY,
LLC VS. CAPITOL CITY PRODUCE COMPANY, LLC,
ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED October 31, 2023
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above -captioned matter will be set for oral argument on this
Court's next available docket. A copy of the official docket with the specific date and time
of oral argument will be mailed out.
Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant
or relator, as the case may be, must file their briefs on or before November 27, 2023;
and the respondent on or before December 15, 2023.
Or
al argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be fastened at the top. All briefs should be backed with the customary "Blueback" or
other flexible material. In criminal proceedings, the court directs that c ounsel must file a
brief. Failure to do so may subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed
timely filed if mailed on or before the due date. If the brief is received by mail on the first
legal day following the expiration of the delay, there shall be a rebuttable presumption that it
was timely filed. In all cases where the presumption does not apply, the timeliness of the
mailing shall be shown only by an official United States postmark or by official receipt or
certificate from the United States Postal Service, or bona fide commercial mail services such
as Federal Express or United Parcel Service, made at the time of mailing which indicates the
date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label
from an Automated Postal Center, shall not be used to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only if
received by the clerk on or before the last day of the delay for filing.
Regards
,
Ryan Chan
Deputy Cle
rk
RC: RC

ccs: All Counsel
Hon. Donald R. Johnson
Hon. J. Douglas "Doug" Welborn
Hon. Rodd Naquin, Clerk
19th Judicial District Court: 672217 c/w 674957
Court of Appeal, First Circuit: 2022 CA 0696 c/w 2022 CA 0697

S
UPREME COURT OF LOUISIANA
No. 2023-C-00788
BARBER BROTHERS CONTRACTING COMPANY, LLC
VERSUS
CAPITOL CITY PRODUCE COMPANY, LLC; FRANK CUSHENBERRY;
AND XYZ INSURANCE COMPANY
C
ONSOLIDATED WITH
F
RANK CUSHENBERRY AND ROBIN CUSHENBERRY, INDIVIDUALLY
AND ON BEHALF OF THE MINOR CHILDREN, NOAH CUSHENBERRY
AND KHLOE CUSHENBERRY
VERSUS
JOHNNY SCOTT AND BARBER BROTHERS CONTRACTING
COMPANY, LLC
On W
rit of Certiorari and/or Review
Nineteenth Judicial District Court, Parish of East Baton Rouge, Nos. 672217 c/w
674957; Court of Appeal, First Circuit, Nos. 2022 CA 0696 c/w 2022 CA 0697.
An
d, whereas, the Court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issued the following order, to wit— “It is
ordered that the writ of review issue; that the District Court and the Court of
Appeal send up the record in Duplicate of the case; and that counsel for all parties
be notified.”
Now, therefore, the said District Court and the Court of Appeal is hereby
commanded, in the name of the State of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordance with Supreme Court Rule 1, at the
City of New Orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of the
Supreme Court of the State of Louisiana, on
this 31
st day of October, in the year of our
Lord, Two Thousand Twenty-Three.
_________________________
Ve ronica O. Koclanes
Clerk of Court
_
_________________________
Deputy Clerk of Court