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

********** JOHN E. CONERY JUDGE **********

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.