2023CW1313 Nonprecedential Writ denied Processed

Timothy B. Stewart v. City of Bogalusa

Louisiana Court of Appeal, First Circuit · Filed January 29, 2024

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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