Harold Fils v. Starr Indemnity and Liability Insurance Company

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 18-756

HAROLD FILS

VERSUS

STARR INDEMNITY & LIABILITY
INSURANCE COMPANY ET AL.

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. C20154212
HONORABLE MARILYN CARR CASTLE, DISTRICT JUDGE

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BILLY H. EZELL

JUDGE

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Court composed of Billy H. Ezell, John E. Conery, and Van H. Kyzar, Judges.

APPEAL DISMISSED.

Brenda Sibille Piccione
Piccione & Piccione
Post Office Box 3029
Lafayette, LA 70502-3029
(337) 233-9030
COUNSEL FOR PLAINTIFF/APPELLANT:
Harold Fils

Barton Willis Bernard
Carl Joseph Rachal
K. Nicole Reynolds
Bart Bernard Personal Injury Lawyers
1031 Camellia Blvd.
Lafayette, LA 70508
(337) 989-2278
COUNSEL FOR PLAINTIFF/APPELLANT:
Harold Fils

Aaron Broussard
Broussard & Hart, LLC
1301 Common Street
Lake Charles, LA 70601
(337) 439-2450
COUNSEL FOR PLAINTIFF/APPELLANT:
Harold Fils

David Scott Rainwater
Rachel L. Kovach
J. Jacob Chapman
Taylor, Wellons, Politz & Duhe, APLC
8550 United Plaza Boulevard, Suite 101
Baton Rouge, LA 70809
(225) 387-9888
COUNSEL FOR DEFENDANTS/APPELLEES:
Starr Indemnity & Liability Insurance Company
Bis Salamis, Inc.
Bilfinger Salamis, Inc.

EZELL, Judge.

This court, on its own motion, issued a rule to Plaintiff-Appellant, Harold

Fils, to show cause why the appeal in the above captioned case should not be

dismissed as having been taken from a partial judgment that has not been

designated a final judgment under La.Code Civ.P. art. 1915(B). For the reasons

that follow, we dismiss the appeal.

The Plaintiff filed suit against Defendants-Appellees, Starr Indemnity &

Liability Insurance Company; Bis Salamis, Inc.; and Bilfinger Salamis, Inc., for

injuries sustained in an automobile accident. In Plaintiff’s third amended petition

for damages, he asserted additional bad faith claims. In response, Defendants filed

an exception of res judicata. On May 29, 2018, the trial court sustained the

exception and dismissed the Plaintiff’s bad faith claims with prejudice.

In response to the rule, Plaintiff acknowledges that a writ application

involving the exact issue was simultaneously filed at the time of this appeal,

bearing this court’s docket number 18-618, and that the instant appeal was filed in

an abundance of caution.

We find that the ruling at issue is a partial judgment that has not been

designated a final judgment under La.Code Civ.P. art. 1915(B). Accordingly, we

hereby dismiss the instant appeal without prejudice at Plaintiff’s cost.

APPEAL DISMISSED.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.
Rule 2-16.3 Uniform Rules, Courts of Appeal.