Morgan Irwin, individually and on behalf of minor child, Oaklynn Simon and Tori Durene v. Arturo Garcia, Logistik Xpress, LLC
Morgan Irwin, individually and on behalf of minor child, Oaklynn Simon and Tori Durene v. Arturo Garcia, Logistik Xpress, LLC, No. 2026 CW 0648 (La. Ct. App. 1st Cir. Aug. 24, 2026).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MORGAN IRWIN, INDIVIDUALLY NO. 2026 CW 0648
AND ON BEHALF OF MINOR
CHILD, OAKLYNN SIMON, AND PAGE 1 OF 2
TORI DUFRENE
VERSUS
ARTURO GARCIA, LOGISTIK
XPRESS, LLC, UNITED
SPECIALTY INSURANCE COMPANY,
BRUCE FORSHEE, ERGON
TRUCKING, INC., HUDSON
INSURANCE COMPANY, EVENT
SOLUTIONS OF LOUISIANA, LLC,
PATRICK MEAUX, FIRST LIBERTY AUGUST 24, 2026
INSURANCE COMPANY, JESSE
ONTIVEROS, CHACON AUTOS
In Re: Morgan Irwin individually and on behalf of the minor
Oaklyn Simon, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
712769.
BEFORE : McCLENDON, C.J., HESTER AND MILLER, JJ.
WRIT NOT CONSIDERED. An application for supervisory writ not
filed in the Court of Appeal within the time so fixed or extended
shall not be considered, in the absence of a showing that the delay
in filing was not due to the applicant’s fault. See Rule 4-3,
Uniform Rules of the Louisiana Courts of Appeal. This writ
application appears to be untimely. As noted below, the writ
application did not contain the pertinent minutes or a hearing
transcript, and therefore, the court could not ascertain whether
a judgment was ordered. Moreover, it appears the writ application
was filed after the return date, unless an extension was timely
obtained.
Furthermore, this writ application failed to include a copy
of the pertinent court minutes, in violation of Rule 4-5(C) (10) of
the Uniform Rules of Louisiana Courts of Appeal. In addition,
this court requires a copy of the pertinent hearing transcript and
all evidence introduced at the hearing.
Supplementation of this writ application and/or an
application for rehearing will not be considered. Uniform Rules of
Louisiana Courts of Appeal, Rules 2-18.7 & 4-9.
In the event relator seeks to file a new application with
this court, it must contain all pertinent documentation, including
the missing items noted herein and all documentation to show
timeliness of this writ application, and must comply with Uniform
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
NO. 2026 CW 0648
PAGE 2 OF 2
Rules of Louisiana Courts of Appeal, Rule 2-12.2. Any new
application must be filed on or before September 23, 2026, and
must contain a copy of this ruling.
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DRPUTY CLERE OF Vt
| FOR THE COURT