STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT VICKIE POUNDS NO. 2019 CW 1491 VERSUS

LIBERTY MUTUAL INSURANCE COMPANY, BENJAMIN TODD AND NATIONWIDE AFFINITY NOVEMBER 12, 2019 INSURANCE COMPANY OF AMERICA

In Re: Benjamin Todd, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 638870.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED WITH ORDER. The trial court' s November 7, 2019 ruling which denied the motion to trial continue filed by defendant is reversed. La. Code Civ. P. art. 1502 provides that a continuance shall be granted if at the time the case is to be tried, the party applying for the continuance shows that he has been unable, with the exercise due of diligence, to obtain evidence material to his case. Defendant herein made a sufficient showing to entitle him to a continuance of the November 18, 2019 trial. The motion to continue the trial from the date of November 18, 2019 is granted. This matter is remanded to the trial court with instructions to set a new trial date, taking into consideration defendant' s needs to obtain material evidence for his case.

JMM MRT WRC

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY LERK OF COURT FOR THE COURT