Jennifer Sevin and Webster Sevin III, on behalf of their minor child, Channing Sevin v. Hannah Becnel, the Tot Spot Early Learning Center, LLC, and Western World Insurance Company
Jennifer Sevin and Webster Sevin III, on behalf of their minor child, Channing Sevin v. Hannah Becnel, the Tot Spot Early Learning Center, LLC, and Western World Insurance Company, No. 2023CW1248 (La. Ct. App. 1st Cir. Feb. 5, 2024).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Hogan v. State Farm Auto. Ins. Co. 649 So. 2d 45
- Hogan v. State Farm Automobile Insurance Co. 651 So. 2d 276
- Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc. 396 So. 2d 878
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JENNIFER SEVIN AND WEBSTER NO. 2023 CW 1248
SEVIN, III, ON BEHALF OF
THEIR MINOR CHILD, CHANNING
SEVIN
VERSUS
HANNAH BECNEL, THE TOT SPOT FEBRUARY 5, 2024
EARLY LEARNING CENTER, LLC,
AND WESTERN WORLD INSURANCE
COMPANY
In Re: Western World Insurance Company, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 701345.
BEFORE: GUIDRY, C.J., CHUTZ, LANIER, MILLER AND GREENE, JJ.
WRIT GRANTED. We find the trial court abused its
discretion in denying the motion for leave to file an amended
answer filed by the defendant, Western World Insurance Company.
Amendments to pleadings should be liberally allowed provided the
movant: 1) is acting in good faith, 2) the amendment is not
sought as a delaying tactic, 3) the opponent will not be unduly
prejudiced, and 4) trial of the issues will not be unduly
delayed. Hogan v. State Farm Automobile Insurance Company, 94-
0004 (La. App. 1st Cir. 12/22/94), 649 So.2d 45, 50, writ
denied, 95-0215 (La. 3/17/95), 651 So.2d 276. Here, there was
no evidence that the defendant, Western World Insurance Company,
was not acting in good faith, that the amendment was being used
as a delaying tactic, that plaintiffs would be unduly
prejudiced, or that the trial would be unduly delayed, as there
are no pending deadlines and this case has not yet been set for
trial. We reverse the trial court's November 3, 2023 judgment
and grant the motion for leave to file an amended answer filed
by the defendant, Western World Insurance Company.
WRC
WIL
HG
Guidry, C.J.,dissents and would deny the writ application.
The criteria set
forth in Berlitz Const. Co., Inc. v. Hotel
Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per
curiam), are not met.
Miller, J., would refuse to consider the writ application.
The writ application failed to include a copy of the pleadings
upon which the ruling was founded, including a copy of the
motion at issue and a copy of the July 24, 2023 hearing
transcript, in violation of Uniform Rules of Louisiana Courts of
Appeal, Rule 4-5 (C) (8).
COURT OF APPEAL, FIRST CIRCUIT
11.,,J)
DEPUTY CLERK OF COURT
FOR THE COURT