Cited by
Opinions in Louisiana that cite Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878.
- LaCroix v. LaCroix 742 So. 2d 1036 La. Ct. App. 2d Cir. 1999
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Winninger v. STATE, THROUGH DEPT. OF SS
740 So. 2d 236
La. Ct. App. 2d Cir. 1999
2d Cir.1989); see also, Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., and La.
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Winninger v. State ex rel. Department of Social Services
740 So. 2d 236
La. Ct. App. 2d Cir. 1999
2d Cir.1989); see also, Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., and La.
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State MacH. Sales v. Gravity Drainage 5
742 So. 2d 26
La. Ct. App. 1st Cir. 1999
Subsequently, on May 30, 1997, this court declined to exercise its supervisory jurisdiction asserting that the criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., had not been met.
- Colson v. LOUISIANA STATE RACING COM'N 726 So. 2d 432 La. Ct. App. 4th Cir. 1999
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Dixon v. BW Farrell, Inc.
713 So. 2d 1255
La. Ct. App. 1st Cir. 1998
However, we decline to do so, finding that the ruling at issue does not meet the criteria of Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., (La.
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Charlet v. Legislature of State
713 So. 2d 1199
La. Ct. App. 1st Cir. 1998
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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RICHMOND EX REL. RICHMOND v. Dow
712 So. 2d 149
La. Ct. App. 4th Cir. 1998
All three defendants moved for a (La.
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Best Fishing, Inc. v. Rancatore
706 So. 2d 161
La. Ct. App. 1st Cir. 1997
In Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., the Louisiana Supreme *167 Court directed appellate courts to consider an application for supervisory writs under their supervisory jurisdiction, even though relief may be ultimately available to the applicant on appeal, when the trial court judgment was arguably incorrect, a reversal would terminate the li
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RCS Gaming, Inc. v. State ex rel. Louisiana Gaming Control Board
705 So. 2d 1122
La. Ct. App. 1st Cir. 1997
See Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc.
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Carr v. GAF, Inc.
702 So. 2d 1384
La. 1997
Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
- State v. Sprint Communications Co., LP 699 So. 2d 1058 La. 1997
- Addington v. McGehee 698 So. 2d 702 La. Ct. App. 2d Cir. 1997
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Douglass v. Alton Ochsner Medical Foundation
695 So. 2d 953
La. 1997
Herlitz Const. Co. v. Hotel Investors of New Iberia, Inc., (La.
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Leonard v. Dimensional Oilfield Services, Inc.
686 So. 2d 815
La. 1996
Co. v. Hotel Investors of New Iberia, Inc.
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Gullatt v. Newell Industries, Inc.
688 So. 2d 1191
La. Ct. App. 2d Cir. 1996
Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc.
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Meany v. Meany
685 So. 2d 356
La. Ct. App. 5th Cir. 1996
Defendant requests, in the alternative, that this Court exercise its supervisory jurisdiction pursuant to Herlitz Construction Co. v. Hotel Investors of New Iberia, Inc.
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Leonard v. Dimensional Oilfield Services, Inc.
682 So. 2d 1254
La. 1996
Co. v. Hotel Investors of New Iberia, Inc.
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Chehardy, Sherman, Ellis, Breslin & Murray v. AMERASIA CO. INC.
694 So. 2d 355
La. Ct. App. 5th Cir. 1996
Herlitz Construction Co. v. Hotel Investors of New Iberia, Inc., n. 1 (La.1981); Sales Tax Collector v. Eckco Fabricators, Inc., (La.App.
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Cabahug v. Text Shipping Co.
681 So. 2d 345
La. 1996
Herlitz Construction Co., Inc., v. Hotel Investors of New Iberia, Inc.
- State v. Sprint Communications Co. L.P. 679 So. 2d 382 La. 1996
- Blanchard v. State ex rel. Parks & Recreation Commission 673 So. 2d 1000 La. 1996
- Blanchard v. STATE EX REL. PARKS & REC. COMM'N 673 So. 2d 1000 La. 1996
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Tucker v. Ochsner Health Plan
674 So. 2d 1052
La. Ct. App. 2d Cir. 1996
OHP then appealed the judgment, as authorized by Herlitz Const. Co. v. Hotel Investors of New Iberia, Inc., and McInnis Bros. v. Peoples Water Service, 28,216 (La.App.2d Cir. 1/24/96), .
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Plauche v. Plauche
673 So. 2d 1053
La. Ct. App. 5th Cir. 1996
Co. v. Hotel Investors of New Iberia, Inc.
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McINNIS BROS. CONSTR., INC. v. PEOPLES WATER SERVICE CO.
666 So. 2d 1323
La. Ct. App. 2d Cir. 1996
Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., Olinde v. Couvillion, 94-1275 (La.App.
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Avenal v. State, Dept. of Nat. Resources
668 So. 2d 1150
La. Ct. App. 4th Cir. 1995
art. 2083; See also, Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Whitney Nat. Bank v. Rockwell
661 So. 2d 1325
La. 1995
Co. v. Hotel Investors of New Iberia, Inc.
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McCrea v. Mobil Oil Corp.
662 So. 2d 143
La. Ct. App. 4th Cir. 1995
Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., Artigue v. St.
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Wheelahan v. Ungar & Wheelahan P.L.C.
657 So. 2d 789
La. Ct. App. 5th Cir. 1995
Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Degruise v. Houma Courier Newspaper Corp.
657 So. 2d 580
La. Ct. App. 1st Cir. 1995
This court, on April 23, 1993, under docket number 93 CW 0503, denied Federated's writ application, noting that the criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., (La.
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Olinde v. Couvillion
650 So. 2d 1241
La. Ct. App. 4th Cir. 1995
Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., (La.
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Apolinar v. Professional Construction Services, Inc.
650 So. 2d 1239
La. Ct. App. 1st Cir. 1995
See also Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc.
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Short v. Giffin
648 So. 2d 937
La. Ct. App. 1st Cir. 1994
Thus, in accordance with La.Code art. 929 (West Supp.1994) art. 929 1 and in light of Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 2 , this Court vacated the judgment of the trial court and remanded for a trial of the exceptions.
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Williams v. City of New Orleans
637 So. 2d 1130
La. Ct. App. 4th Cir. 1994
Mr. Tatum's article emphasized the following language from Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., : If appellate courts have appellate jurisdiction over interlocutory judgments which cause irreparable injury, then the courts' supervisory jurisdiction logically extends to interlocutory judgments that do not cause irreparable injury.
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Benoit v. Louisiana Water Co.
640 So. 2d 396
La. Ct. App. 1st Cir. 1994
This court acknowledged that the Louisiana Supreme Court in |3Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., had expressly mentioned that a ruling on venue causes irreparable injury such that an appeal can be taken as provided by La.Code Civ.Proc.
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Alleman v. Noel
640 So. 2d 373
La. Ct. App. 1st Cir. 1994
The criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., are not met.
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Alexander v. State Farm Fire & Casualty Insurance Co.
640 So. 2d 372
La. Ct. App. 1st Cir. 1994
The criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., are not met.
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Martinez v. Breaux Mart, Inc.
631 So. 2d 471
La. Ct. App. 4th Cir. 1994
Comment (b) to this article refers to some early Supreme Court decisions which recognized the discretion of the trial judge to refer an exception to the merits rather than to dispose of it prior to trial, but this comment must be considered in the light of the more recent Supreme Court decision in Herlitz Construction Company v. Hotel Investors of New Iberia, Inc., (La.App.
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Blitch Architects, Inc. v. Avenue Partnership
626 So. 2d 394
La. Ct. App. 4th Cir. 1993
4 Cir.1989); Herlitz Construction Co. Inc. v. Hotel Investors of New Iberia, Inc., (La.App.
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Duet v. Lucky
621 So. 2d 168
La. Ct. App. 4th Cir. 1993
See also Herlitz Construction Company Inc. v. Hotel Investors of New Iberia, Inc.
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Everything on Wheels Subaru, Inc. v. Subaru South, Inc.
616 So. 2d 1234
La. 1993
See Herlitz *1242 Construction Co. v. Hotel Investors of New Iberia, Inc., (an appellate court should consider an application under its supervisory jurisdiction, even though relief may be ultimately available to the applicant on appeal, when there is no factual dispute, reversal of the interlocutory judgment will terminate the litigation, and the judgment appears palpably wrong).
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Branch v. Willis-Knighton Medical Center
607 So. 2d 883
La. Ct. App. 2d Cir. 1992
Furthermore, the factors set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., are satisfied in this case, unlike the matters referred to by plaintiffs in which pertinent facts were disputed.
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Jowers v. State ex rel. Department of Health & Hospitals
610 So. 2d 841
La. Ct. App. 1st Cir. 1992
We declined to exercise our supervisory jurisdiction on grounds that the criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., were not met.
- Tinsley v. Tinsley 602 So. 2d 1153 La. Ct. App. 2d Cir. 1992
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URBAN MGT. CORP. v. Shreveport Airport Auth.
602 So. 2d 1055
La. Ct. App. 2d Cir. 1992
Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc.
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A & P Boat Rentals, Inc. v. American Lloyd's
592 So. 2d 1361
La. Ct. App. 1st Cir. 1991
1986), citing Herlitz Construction Company, Inc., v. Hotel Investors of New Iberia, Inc., (La.App.
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MVG v. Lucas
590 So. 2d 1322
La. Ct. App. 1st Cir. 1991
Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc.
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Persilver v. Louisiana Department of Transportation
592 So. 2d 1344
La. Ct. App. 1st Cir. 1991
NOTES [1] Prior to Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., it was the general practice in the courts of appeal that supervisory writs were not granted unless there was clear trial court error causing irreparable injury or an ordinary appeal would not be an adequate remedy in practical fact.
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Watson v. Sanders
583 So. 2d 151
La. Ct. App. 1st Cir. 1991
The district court denied summary judgment, in which the Supreme Court stated: When the overruling of the [peremptory] exception is arguably incorrect, when a reversal will terminate the litigation, and when there is no dispute of fact to be resolved, judicial efficiency and fundamental fairness to the litigants dictates that the merits of the applic