Trufund Financial Services, Inc. v. City of Baton Rouge/Parish of East Baton Rouge

A
0 0

12 Oil!

TRUFUND FINANCIAL SERVICES, NO. 2024 CW 0132
INC.

VERSUS

CITY OF BATON ROUGE/ PARISH MAY 10, 2024
OF EAST BATON ROUGE

In Re: City of Baton Rouge/ Parish of East Baton Rouge,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 645210.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

STAY DENIED; WRIT GRANTED WITH ORDER. The district court' s
December 15, 2023 judgment the motion for
granting partial

summary judgment filed by Defendant -in -Reconvention, TruFund
Financial Services, Inc., is a final, appealable judgment
pursuant to La. Code Civ. P. art. 1915 ( A) ( 3) . See Jalou II,
Inc. v. Liner, 2010- 0048 ( La. 1st Cir. 6/ 16/ 10),
App. 43 So. 3d
1023, 1031 n. 5. Therefore, the writ is granted for the limited
purpose of the to the
remanding case district court with

instructions to grant relator, City of Baton Rouge/ Parish of
East Baton Rouge, an appeal pursuant to the that
pleading
notified the district court of its intention to seek writs. See
In re Howard, 541 So. 2d 195, 197 ( La. 1989) ( per curiam).
A copy
of this Court' s order is to be included in the appellate record.

Miller, J., agrees in part and dissents in part. I agree
with the majority' s decision to
deny relator' s stay request.
However, I would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT
FOR THE COURT