87-1201 Precedential Processed

Buckbee v. Aweco, Inc.

Louisiana Court of Appeal, Third Circuit · Filed April 26, 1993 · 626 So. 2d 1190

Also decided on this docket: La. Ct. App. 3d Cir., September 29, 1993 626 So. 2d 1191; La. Ct. App. 3d Cir., April 5, 1989 542 So. 2d 81; La. Ct. App. 1st Cir., September 25, 1991 587 So. 2d 79

Cited by

Gulf Coast Brake & Motor, Inc. v. Mhwirth, Inc. La. Ct. App. 3d Cir. 2025
Bozeman v. State, Department of Transportation & Development 839 So. 2d 960 La. Ct. App. 1st Cir. 2003
State Ex Rel. JB v. JB, JR. 811 So. 2d 179 La. Ct. App. 2d Cir. 2002
State ex rel. J.B. v. J.B. 811 So. 2d 179 La. Ct. App. 2d Cir. 2002
Girouard v. State ex rel. Department of Education 807 So. 2d 279 La. Ct. App. 1st Cir. 2001

Authorities cited

Identified automatically; this list may not be exhaustive.

Buckbee v. Aweco, Inc. 614 So. 2d 1233
Simon v. Fasig-Tipton Co. of New York 574 So. 2d 554
Gattuso v. Mothe Life Insurance Co. 580 So. 2d 381
Jordan v. Travelers Insurance Company 257 La. 995
Seals v. Morris 423 So. 2d 652
Seals v. Morris 433 So. 2d 686

Opinion text

626 So.2d 1190 (1993) Vera BUCKBEE, Individually, etc., Plaintiff-Appellant, v. AWECO, INC., et al., Defendant-Appellee. No. 87-1201. Court of Appeal of Louisiana, Third Circuit. April 26, 1993. William B. Baggett, Baggett, McCall & Burgess, Drew Averill Ranier, Badon and Ranier, Lake Charles, for Vera Buckbee. Robert W. Clements, Stockwell, Sievert, Viccellio, Clements & Shaddock, Lake Charles, for Aweco, Inc., et al. James Clarence Lopez, Guglielmo, Lopez & Tuttle, Opelousas, for LIGA. James Clarence Lopez, Guglielmo, Lopez & Tuttle, Opelousas, for Rockwood Ins. Co., In Liquidation. PER CURIAM. Intervenor, Rockwood Insurance Company, (now represented by LIGA) seeks to reestablish its intervention in this remand from the Supreme Court. The case has been remanded by the Supreme Court, 614 So.2d 1233 , for the purpose of having this court establish damages. A judgment of the Court of Appeal is final and definitive, if neither an application for rehearing nor an application to the Supreme Court for a writ of certiorari is timely filed. LSA-C.C.P. Art. 2166; Simon v. Fasig-Tipton Co. of New York, 574 So.2d 554 (La.App. 3rd Cir.1991), writ denied, 580 So.2d 381 (La.1991), cert. denied, ___ U.S. ___, 112 S.Ct. 588 , 116 L.Ed.2d 613 (1992). Furthermore, the jurisprudence is well established that where certiorari is granted on the application of one party to a suit, the judgment cannot be amended or changed to the benefit of the other parties who have failed to apply for review. Jordan v. Travelers Insurance Company, 257 La. 995 , 245 So.2d 151 (1971); Seals v. Morris, 423 So.2d 652 (La.App. 1st Cir.1982), writ granted in part on other grounds, 433 So.2d 686 (La. 1983). In Seals v. Morris , the appellate court reversed a trial court judgment which *1191 found the defendants liable for plaintiffs' injuries. After the Louisiana Supreme Court reinstated the trial court judgment, the appellate court denied an insurer/intervenor reimbursement for medical payments made on behalf of the plaintiffs because it had not sought a writ of certiorari from the adverse appellate court decision. Id. 423 So.2d at 658 . Applying this well settled jurisprudence to the case sub judice, we find that our previous judgment denying Rockwood recovery had become final when it failed to apply for a writ of certiorari to the Louisiana Supreme Court. Accordingly, Rockwood cannot benefit from the Supreme Court's reversal in favor of the Buckbees. Therefore we find that the intervention of Rockwood cannot be revived and is hereby denied. MOTION DENIED.