STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT FRANK CUSHENBERRY AND ROBIN NO. 2020 CW 1222 CUSHENBERRY, INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILDREN, NOAH CUSHENBERRY AND KHLOE CUSHENBERRY VERSUS

JOHNNY SCOTT AND BARBER BROTHERS CONTRACTING COMPANY, LLC

CONSOLIDATED WITH

BARBER BROTHERS CONTRACTING COMPANY, LLC

VERSUS

CAPITOL CITY PRODUCE COMPANY, LLC, FRANK DECEMBER 30, 2020 CUSHENBERRY, AND XYZ INSURANCE COMPANY

In Re: Johnny Scott and Barber Brothers Contracting Company, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 674957 c/ w 672217.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel. Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam) are not met.

JMG PMc WIL

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY C RK OF COURT FOR THE COURT