Cited by
Opinions in Louisiana that cite Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878.
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Park Place Surgery Ctr., LLC v. Nat'l Oilwell Varco, L.P.
250 So. 3d 1087
La. Ct. App. 1st Cir. 2017
SUPERVISORY RELIEF The requirement of irreparable injury is met in this case in light of Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc.
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Park Place Surgery Center D/B/A Park Place Surgical Hospital (Brian Armstead) v. National Oilwell Varco, Lp
La. Ct. App. 3d Cir. 2017
SUPERVISORY RELIEF The requirement of irreparable injury is met in this case in light of Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc.
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Trae Thibodeaux v. Steven Arvie, Jr.
La. Ct. App. 3d Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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State of Louisiana v. $29,940.00 in U.S. Currency
La. Ct. App. 3d Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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State v. $29,940.00 in U.S. Currency
227 So. 3d 304
La. Ct. App. 3d Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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Trouth Air Conditioning & Sheet Metal, Inc. v. Bay Electric Co., Inc.
La. Ct. App. 3d Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Inv’rs of New Iberia, Inc., (per curiam).
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Trouth Air Conditioning & Sheet Metal, Inc. v. Bay Electric Co.
226 So. 3d 552
La. Ct. App. 3d Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Inv’rs of New Iberia, Inc., (per curiam).
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Succession of Dinesh Shaw, M.d v. Alexandria Investment Group, LLC
La. Ct. App. 3d Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Louisiana Workers' Compensation Corporation v. Industrial Helicopters, LLC
La. Ct. App. 3d Cir. 2017
ents- -2005, which provides, in pertinent part, “Irreparable injury continues to be an important (but not exclusive) ingredient in an application for supervisory writs.” “A court of appeal has plenary power to exercise supervisory jurisdiction over [trial] courts and may do so at any time, according to the discretion of the court.” Herlitz Const. Co., Inc. v. Hotel Inv’rs of New Iberia, Inc., (per curiam).
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Louisiana Workers' Compensation Corporation v. Industrial Helicopters, LLC
La. Ct. App. 3d Cir. 2017
ents- -2005, which provides, in pertinent part, “Irreparable injury continues to be an important (but not exclusive) ingredient in an application for supervisory writs.” “A court of appeal has plenary power to exercise supervisory jurisdiction over [trial] courts and may do so at any time, according to the discretion of the court.” Herlitz Const. Co., Inc. v. Hotel Inv’rs of New Iberia, Inc., (per curiam).
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Kayla Arceneaux v. Lafayette General Medical Center
La. Ct. App. 3d Cir. 2017
h provides, in pertinent part, that “[i]rreparable injury continues to be an important (but not exclusive) ingredient in an application for supervisory writs.” “A court of appeal has plenary power to exercise supervisory jurisdiction over district courts and may do so at any time, according to the discretion of the court.” Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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La. Workers' Comp. Corp. v. Indus. Helicopters, LLC
248 So. 3d 338
La. Ct. App. 3d Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Inv'rs of New Iberia, Inc. , , 878 (La.1981) (per curiam).
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La. Workers' Comp. Corp. v. Indus. Helicopters, LLC
248 So. 3d 350
La. Ct. App. 3d Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Inv'rs of New Iberia, Inc. , , 878 (La.1981) (per curiam).
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Arceneaux v. Lafayette Gen. Med. Ctr.
248 So. 3d 342
La. Ct. App. 1st Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc ., , 878 (La.1981) (per curiam).
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Shaw v. Alexandria Inv. Grp., LLC
248 So. 3d 332
La. Ct. App. 1st Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Smith v. City of New Orleans ex rel. Director of Department of Public Works
224 So. 3d 473
La. Ct. App. 1st Cir. 2017
Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Schiff v. Pollard
222 So. 3d 867
La. Ct. App. 1st Cir. 2017
In cases such as this, when a decision by this Court would terminate the litigation, “judicial efficiency and fundamental fairness to the litigants dictates that the merits of an application for supervisory writs should be decided in an attempt to avoid the waste of time and expense of a possibly useless future trial on the merits.” Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (La.
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Gardner Realtors, LLC v. Iteld
214 So. 3d 146
La. Ct. App. 1st Cir. 2017
Co. v. Hotel Investors of New Iberia, Inc., (La.
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Sergeant v. DeRung
213 So. 3d 423
La. Ct. App. 4th Cir. 2017
2 I Having reviewed this matter in light of the factors set out in Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (La.
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Mark Patout v. Underwriters at Lloyd's London
La. Ct. App. 3d Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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Patout v. Underwriters at Lloyd's
213 So. 3d 1283
La. Ct. App. 1st Cir. 2017
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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Gloria Vallare v. Ville Platte Medical Center, LLC
La. Ct. App. 3d Cir. 2017
SUPERVISORY RELIEF “A court of appeal has plenary power to exercise supervisory jurisdiction over trial courts and may do so at any time, according to the discretion of the court.” Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Gloria Vallare v. Ville Platte Medical Center, LLC
La. Ct. App. 3d Cir. 2017
SUPERVISORY RELIEF “A court of appeal has plenary power to exercise supervisory jurisdiction over trial courts and may do so at any time, according to the discretion of the court.” Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Vallare v. Ville Platte Medical Center, LLC
214 So. 3d 45
La. Ct. App. 1st Cir. 2017
SUPERVISORY RELIEF “A court of appeal has plenary power to exercise supervisory jurisdiction over trial courts and may do so at any time, according to the discretion of the court.” Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Malus v. Adair Asset Management, LLC
209 So. 3d 1055
La. Ct. App. 1st Cir. 2016
In Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., (La.
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Dupuy Storage & Forwarding, LLC v. Max Speciality Insurance Co.
203 So. 3d 337
La. Ct. App. 1st Cir. 2016
Co., Inc. v. Hotel Investors of New Iberia, Inc.
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State v. Sadeghi
201 So. 3d 240
La. 2016
(per curiam) (“A [reviewing court] has plenary power to exercise supervisory jurisdiction over district courts,” and should exercise it in the interests of “judicial efficiency” to avoid “waste of time and expense of ...
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State ex rel. J.C.
196 So. 3d 102
La. Ct. App. 1st Cir. 2016
Cf. Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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Blow v. OneBeacon America Insurance Co.
193 So. 3d 244
La. Ct. App. 1st Cir. 2016
Hotel Investors of New Iberia, Inc., (“When the overruling of the 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 application for supervisory writs should be decide
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Reneka Shepard on Behalf of Her Minor Child Lynkeith James, Jr. v. George Coleman
La. Ct. App. 3d Cir. 2016
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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Shepard ex rel. James v. Coleman
189 So. 3d 552
La. Ct. App. 3d Cir. 2016
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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Adam Bordelon, Et Ux. v. Cappaert Manufactured Housing, Inc.
La. Ct. App. 3d Cir. 2016
“A court of appeal has plenary power to exercise supervisory jurisdiction over district courts and may do so at any time, 3 according to the discretion of the court.” Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Tsegaye v. City of New Orleans
183 So. 3d 705
La. Ct. App. 1st Cir. 2015
94-3049, p. 6 (La.10/16/95), , 1329 n. 3 (“when (1) there is no dispute of material fact, (2) the ruling of the trial court appears incorrect, and (3) a reversal would terminate the litigation as to at least one party, the intermediate court should review the merits of the application for supervisory writs”); cf. also Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (holding, “judicial efficiency and fundamental fairness to the litigants dictates that the merits of the applicatio
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Baker Ready Mix, LLC v. Crown Roofing Services, Inc.
183 So. 3d 622
La. Ct. App. 1st Cir. 2015
Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Tonya Csaszar, Individually and on Behalf of Her Minor Child, Reid Michael Folley v. National Casualty Company
La. Ct. App. 3d Cir. 2015
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Csaszar v. National Casualty Co.
177 So. 3d 807
La. Ct. App. 1st Cir. 2015
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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MR Pittman Group, LLC v. Plaquemines Parish Government
176 So. 3d 549
La. Ct. App. 1st Cir. 2015
Co., Inc. v. Hotel Investors of New Iberia, Inc., 5 see also Favrot, 10-0986, pp. 6-7 (La.App, 4 Cir. 2/9/11), 68 So.3d at 1104 ; Alex v. Rayne Concrete Service, 05-1457, p. 7 (La.1/26/07), , 145 n. 5, and Everything On Wheels Subaru, Inc. v. Subaru South, Inc., (“Any party may apply for supervisory writs by sho
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Hooper v. Brown
171 So. 3d 995
La. Ct. App. 1st Cir. 2015
See Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (finding confluence of factors which "dictates” consideration of and decision on an application for supervisory writs, and implying failure to exercise discretion under circumstances is an abuse of intermediate appellate court's discretion).
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Succession of Scheuermann ex rel. Gonzalez v. Scheuermann & Jones LLC ex rel. Jones
171 So. 3d 975
La. Ct. App. 1st Cir. 2015
13 See Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (finding | ^confluence-of factors which “dictates” consideration of and decision on an application for supervisory writs, and implying failure to exercise discretion under circumstances is an abuse of intermediate appellate court’s discretion).
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Ramirez v. Evonir, LLC
165 So. 3d 260
La. Ct. App. 1st Cir. 2015
2 See Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (finding confluence of factors which “dictates” consideration of and decision on an application for supervisory writs, and implying failure to exercise discretion under circumstances is an abuse of intermediate appellate court’s discretion).
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Board of Supervisors v. Mid City Holdings, L.L.C.
151 So. 3d 908
La. Ct. App. 1st Cir. 2014
Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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Lafayette Care Center v. Betty Mouton
La. Ct. App. 3d Cir. 2014
In such instances, “judicial efficiency and fundamental fairness to the litigants dictates that the merits of the application for supervisory writs should be decided in an attempt to avoid the waste of time and expense of a possibly useless future trial on the merits.” Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (La.1981) (per curiam).
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Lafayette Care Center v. Mouton
146 So. 3d 913
La. Ct. App. 1st Cir. 2014
In such instances, “judicial efficiency and fundamental fairness to the litigants dictates that the merits of the application for supervisory writs should be decided in an attempt to avoid *916 the waste of time and expense of a possibly useless future trial on the merits.” Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., , (La.1981) (per curiam).
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Goines v. Goines
140 So. 3d 314
La. Ct. App. 1st Cir. 2014
Co. v. Hotel Investors of New Iberia, Inc.
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O'Dwyer v. Our Lady of the Lake Nurse Anesthesia Program ex rel. Our Lady of the Lake College
117 So. 3d 1252
La. 2013
The criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., (per cu-riam) are not met.
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Rush v. Rush
115 So. 3d 508
La. Ct. App. 1st Cir. 2013
See Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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Theodore S. Carmichael, Et Ux. v. the Bass Partnership
La. Ct. App. 3d Cir. 2012
Code art. 2201; Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Carmichael v. Bass Partnership
95 So. 3d 1069
La. Ct. App. 1st Cir. 2012
art. 2201; Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.
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Texas Gas Exploration Corp. v. Lafourche Realty Co.
79 So. 3d 1054
La. Ct. App. 1st Cir. 2011
Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., (per curiam).
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Schwegmann Family Trust No. 2 v. White III, LLC
76 So. 3d 1228
La. Ct. App. 1st Cir. 2011
See Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., for guidelines on granting supervisory relief: the trial court's ruling is arguably incorrect, a reversal will terminate the litigation, and there is no dispute of fact to be resolved, then the merits of the application for supervisory writs should be decided in an attempt to avoid the waste of time and expe