Ernso Hyaty Versus Kelly Purvis, Geico Indemnity Company, Ean Holdings, LLC. Enterprise Rent-A-Car Company, and Abc Insurance Company

ERNSO HYATY NO. 22-C-320

VERSUS FIFTH CIRCUIT

KELLY PURVIS, GEICO INDEMNITY COURT OF APPEAL

COMPANY, EAN HOLDINGS, LLC. STATE OF LOUISIANA

ENTERPRISE RENT-A-CAR COMPANY, AND

ABC INSURANCE COMPANY

July 17, 2022

Susan Buchholz
First Deputy Clerk

IN RE GEICO INDEMNITY COMPANY

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANK A.
BRINDISI, DIVISION "E", NUMBER 787-610

Panel composed of Judges Robert A. Chaisson,
Stephen J. Windhorst, and Hans J. Liljeberg

WRIT GRANTED; REMANDED

Relator, GEICO Indemnity Company, seeks review of:

1. The trial court’s July 11, 2022 order granting an ex parte motion for leave
to file first supplemental and amending petition by plaintiff, filed without
consent of the parties, and without a contradictory hearing; and

2. The trial court’s July 13, 2022 order denying relator’s motion to vacate and
strike ex parte motion for leave to file the first supplemental and amending
petition without a contradictory hearing; and the motion to continue trial
of the merits, leaving the motion for summary judgment filed by Enterprise
Leasing set for hearing on the morning of trial on the merits, July 19, 2022.

It appears that the trial court did, in fact, deny relator’s motions. After review
of the writ application and exhibits, and on the showing made, relator’s writ
application is granted. Accordingly, we vacate the trial court’s July 11, 2022 and
July 13, 2022 rulings and remand this matter to the trial court to conduct a
contradictory hearing on plaintiff’s ex parte motion for leave to file first
supplemental and amending petition, and relator’s motions to continue trial date and

to vacate and strike ex parte motion for leave to file first supplemental and amending
petition. La. C.C.P. arts. 1151 and 966 C (1)(a).

Gretna, Louisiana, this 17th day of July, 2022.

SJW
RAC
HJL

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON
FREDERICKA H. WICKER
INTERIM CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN S. BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 07/17/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

22-C-320
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Frank A. Brindisi (DISTRICT JUDGE)
Sean P. Mount (Respondent) Steven M. Mauterer (Relator)
Amber Heller (Relator)

MAILED
Todd M. Korbel (Respondent) Shana Robertson (Relator) Bryce M. Addison (Respondent)
Attorney at Law Attorney at Law Talbot M. Quinn (Respondent)
3045 Ridgelake Drive 3510 North Causeway Boulevard Attorney at Law
Suite 317 Suite 608 755 Magazine Street
Metairie, LA 70002 Metairie, LA 70002 New Orleans, LA 70130