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
August 02, 2024
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: Frank Cushenberry, et al. - Applicant Plaintiff; Applying for Rehearing ,
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;
_ _ _ _ _ _
August 02, 2024
Application for rehearing granted - see briefing notice.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
08/02/2024 "See News Release 035 for any Concurrences and/or Dissents."

$uyrtmt 6.sud
STATE OF LOUISIANA
firhr (Drlrrus
CHIEF JUSTICE
JOHN L, WEIMER
JUSTICES
WILLIAM J, CRAIN
SCOTT J, CRICHTON
JAMES T. GENOVESE
JAY B. i,ICCALLUM
JEFFERSON HUGHES
PIPEF D, GRIFFIN
First Districr
Second Disrrict
Third Disrricr
Fou h 0isl.ict
Fifth 0isrricr
S€venth District
Sixrh D strict VERONICA O, KOCLANES
CLERK OF COUFT
400 RoyalSt., Suite 4200
NEW ORLEANS, LA 70130.8102
TELEPHONE (504) 310-2300
HOME PAGE http://www.tasc.org
August 02. 202.1
BARBER BROTHERS CONTRACTING COMPANY.
LLC VS. CAPITOL CITYPRODUCE COMPANY, LLC.
ET AL.
MEMORANDUM TO COLINSEL IN CAPTIONED CASE:
Please be advised that the above-captioned rnatter rvill 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 nrovides that the aprrlica n t
or relator, as the case maYbe,m ust file their briefs on or before Ausust 27. 2021: and
the resrrondent on or before September l6 2021.
Oral argument will be waived if brief is untirnely 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 counsel 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 shallbe deemed
timely filed if mailed on or before the due date. If the brief is received by mail on the first
Iegal 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 iuch
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 ofthe delay for filing.
Regards.
van Chan
RC: RC
DePutY clerk
ccs: All Counsel
Hon. Donald R. Johnson
Hon. J. Douglas "Doug" Welbom
Hon. Rodd Naquin, Clerk
l9th Judicial District Court:672217 clw 674957 -Div:C-27
Court of Appeal, First Circuit: 2022 CA 0696 clw 2022 CA 0697
2023-C-00788