State Farm Mutual Automobile Insurance Company v. Jerry Willie Martin and Susan Hutson
State Farm Mutual Automobile Insurance Company v. Jerry Willie Martin and Susan Hutson, No. 2026 CW 0736 (La. Ct. App. 1st Cir. Sept. 18, 2026).
Opinion text
1
COURT OF APPEAL, FIRST CIRCUIT
STATE FARM MUTUAL AUTOMOBILE NO. 2026 CW 0736
INSURANCE COMPANY AS
SUBROGEE OF GUSTAVO HENAO
VERSUS
JERRY WILLIE MARTIN AND
SUSAN HUTSON, IN HER
CAPACITY AS THE SHERIFF OF
ORLEANS PARISH
CONSOLIDATED WITH
JULIA LOMBARDO
VERSUS
SUSAN HUTSON, IN HER
OFFICIAL CAPACITY AS SHERIFF SEPTEMBER 18, 2026
OF ORLEANS PARISH AND JERRY
MARTIN
In Re: Susan Hutson, in her capacity as Sheriff of Orleans
Parish, applying for
supervisory writs, 22nd Judicial
District Court, Parish of St. Tammany, No. 202215516 c/ w
202215993.
BEFORE: PENZATO, LANIER, AND FIELDS, JJ.
WRIT GRANTED WITH ORDER. The trial court' s March 4, 2026
judgment, which denied defendant, Susan Hutson' s, in her capacity
as Sheriff of Orleans Parish, Motion for Leave of Court to File
Witness and Exhibit List, filed on February 26, 2026, is vacated.
La. Code Civ. P. art. 963( B) provides that " If the order applied
for by written motion is one to which the mover is not clearly
entitled, or which requires supporting proof, the motion shall be
served on and tried contradictorily with the adverse party." This
matter is remanded to the trial court with instructions to set a
contradictory hearing on the Sheriff of Orleans Parish' s Motion
for Leave of Court to File Witness and Exhibit List.
COURT OF APPEAL, FIRST CIRCUIT
q; a( DE UTY CLER OF COURT
FOR THE COURT