Spencer Bernard v. Glenn Lege Construction Co., Inc.

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 18-761

SPENCER BERNARD

VERSUS

GLENN LEGE CONSTRUCTION, INC., ET AL.

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APPEAL FROM THE
TWELFTH JUDICIAL DISTRICT COURT
PARISH OF AVOYELLES, NO. 2015-1904-A
HONORABLE KERRY LYNDON SPRUILL, DISTRICT JUDGE

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JOHN E. CONERY

JUDGE

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

APPEAL DISMISSED.

Aldric C. Poirier, Jr.
David Bennett Parnell, Jr.
Kelly M. Brian
Blue Williams, L.L.P.
1060 W. Causeway Approach
Mandeville, LA 70471
(985) 626-0058
COUNSEL FOR DEFENDANTS/APPELLANTS:
Glenn Lege Construction, Inc.
Old Republic Contractors Insurance Group

Derrick G. Earles
Jeff D. Easley
David C. Laborde
Laborde Earles Law Firm, LLCLafayette, LA 70598
306 N. Washington Street
Marksville, LA 71351
(337) 261-2617
COUNSEL FOR PLAINTIFF/APPELLEE:
Spencer Bernard

CONERY, Judge.

This court, on its own motion, issued a rule to the Defendant-Appellant,

Glenn Lege Construction, Inc., to show cause why the appeal in the above

captioned case should not be dismissed as having been taken from a non-

appealable, interlocutory judgment. For the reasons that follow, we dismiss the

appeal.

The Plaintiff-Appellee, Spencer Bernard, filed suit against the Appellant,

Old Republic General Insurance Corporation, Dauzat Metal Recycling, L.L.C., and

Kent Dauzat, for injuries sustained when he was hit in the face with a piece of a

tree. In response to the suit, the Appellant filed an exception of no right of action,

claiming that the Appellant was the Plaintiff’s statutory employer and that,

therefore, the Plaintiff’s sole remedy was to seek workers’ compensation benefits

from his direct employer. Following a hearing on the matter, the trial court denied

the exception.

The ruling at issue, the denial of an exception of no right of action, is a non-

appealable, interlocutory ruling, as it involves a preliminary matter and does not

determine the merits of a case in whole or in part. See La.Code Civ.P. art. 1841;

La.Code. Civ.P. art. 2083(C). Furthermore, the exact matter is pending before this

court on supervisory writ, docket number 18-580. Accordingly, we hereby dismiss

the instant appeal without prejudice at the Appellant’s cost.

APPEAL DISMISSED.

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