Timothy B. Stewart v. City of Bogalusa
Timothy B. Stewart v. City of Bogalusa, No. 2023CW1313 (La. Ct. App. 1st Cir. Jan. 29, 2024).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Saizan v. Pointe Coupee Parish School Board 49 So. 3d 559
- Wiss v. Geico Casualty Co. 52 So. 3d 905
- Stewart v. City of Bogalusa 199 So. 3d 651
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
TIMOTHY B. STEWART NO. 2023 CW 1313
VERSUS
CITY OF BOGALUSA, THROUGH JANUARY 29, 2024
CHIEF OF POLICE
In Re: The City of Bogalusa, applying for supervisory writs,
Office of Workers' Compensation, District 6, No.
2303696.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT DENIED.
CHH
SMM
Mcclendon, J. , concurs. The 2015 partial summary judgment
that was presented in support of the exception of res judicata
was an interlocutory judgment, which cannot serve as the basis
for a plea of res judicata. See Saizan v. Pointe Coupee Parish
School Bd., 2010-0757 ( La. App. 1st Cir. 10/29/10), 49 So. 3d
559, 563, writ denied, 2010-2599 ( La. 1/14/11), 52 So. 3d 905;
La. Code Civ. P. art. 1915 (A) ( 3); Stewart v. City of Bogalusa,
2015-1877 ( La. App. 1st Cir. 8/5/16), 199 So.3d 651, 654.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT