STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JAMES HARRIS NO. 2019 CW 1122

VERSUS

ERICA JACKSON, GEICO GENERAL INSURANCE SEPTEMBER 06, 2019 COMPANY, ELECTRIC INSURANCE COMPANY UNINSURED/ UNDERINSURED), AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ( UNINSURED/ UNDERINSURED)

In Re: James Harris, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 646910.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

STAY DENIED; WRIT DENIED. See Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam).

JMG WJC

Whipple, C. J., dissents. I would grant the writ application to vacate the portion of the district court' s June 3, 2019 judgment that sua sponte excluded " any medical records, any medical testimony and treatment, any complaints or any proposed surgery that took place after March 31, 2018." Though the district court is vested with broad powers " for the exercise of its jurisdiction even though not granted expressly by law" and may impose sanctions for any behavior clearly that interferes with the court' s ability to fairly administer justice, La. Code Civ. P. art. 191, the district court abused its discretion by granting relief not requested by either party and excluding evidence on its own motion.

COURT OF APPEAL, FIRST CIRCUIT

DEPVTt ILERK OF COURT FOR THE COURT