C.A. Altazan, Jr. and Theresa Altazan v. Craig H. Gosserand, Gosserand Construction, L.L.C. and Mogoss Construction, L.L.C

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

C.A. ALTAZAN JR. AND THERESA NO. 2025 CW 1069
ALTAZAN

VERSUS

CRAIG H. GOSSERAND,

GOSSERAND CONSTRUCTION,

L.L.C. AND MOGOSS JANUARY 23, 2026
CONSTRUCTION, L.L.Cc.

In Re: Western World Tnsurance Company, applying for
supervisory writs, 18th Judicial District Court,
Parish of West Baton Rouge, No. 1047034.

BEFORE : McCLENDON, C.J., GREENE AND STROMBERG, JJ.

WRIT NOT CONSIDERED. This writ application is untimely.
Relator's, Western World Insurance Company, notice of intent was
filed on October 2, 2025, more than thirty days after the
district court signed a judgment granting the plaintiffs' motion
for default judgment, and notice of judgment was mailed on April
22, 2025. Although relator filed a motion for a new trial on
April 28, 2025, following the district court’s grant of the
motion for default, that ruling was interlocutory because it was
partial, and a motion for new trial pertains only to final
judgments. Allstate Insurance Co. v. Mohamadian, 2009-1126 (La.
App. Ist Cir. 2/17/10), 35 So.3d 1118, 1121. Thus, we find that
the motion for new trial filed by Western World was procedurally
improper. Most significantly, the filing of a motion for new
trial seeking reconsideration of an interlocutory ruling cannot
interrupt the thirty-day period for filing an application for
supervisory writs established by Rule 4-3 of the Uniform Rules
of Louisiana Courts of Appeal. See Carter v. Rhea, 2001-0234
(La. App. 4th Cir. 4/25/01), 785 So.2d 1022, 1025.

PMc
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TPS

COURT OF APPEAL, FIRST CIRCUIT

aot com OF aU
FOR THE COURT