Margaret Chouest v. Stephen Guy Delaup, Connick and Connick, LLC and CNA Financial Corporation d/b/a CNA and/or Continental Casualty Company d/ba CNA
Margaret Chouest v. Stephen Guy Delaup, Connick and Connick, LLC and CNA Financial Corporation d/b/a CNA and/or Continental Casualty Company d/ba CNA
Opinion
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MARGARET S. CHOUEST NO. 2020 CW 0334 VERSUS STEPHEN GUY DELAUP, CONNICK AND CONNICK, L.L.C., AND CNA FINANCIAL CORPORATION D/B/A CNA AND/OR JUNE 09, 2020 CONTINENTAL CASUALTY COMPANY, INC. D/B/A CNA
In Re: Stephen Guy Delaup, and S. Guy DeLaup, APLC and Continental Casualty Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 678670.
BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.
WRIT NOT CONSIDERED IN PART AND DENIED IN PART. Relators failed to provide a copy of the judgment on the ruling on the Motion for Summary Judgment complained of in violation of Rule 4-5(C) (6) of the Uniform Rules of the Louisiana Courts of Appeal, and therefore, this writ is not considered as to that ruling.
Supplementation of this writ application and/or an application for rehearing will not be considered. Rules 4-9 and 2-18.7, Uniform Rules of Louisiana Courts of Appeal.
In the event relators seek to file a new application with this court as to the ruling on the Motion for Summary Judgment, it must contain all pertinent documentation, including the missing item noted above, and must comply with Rule 2-12. 2 of the Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before thirty days from the notice of the signing of the judgment on the Motion for Summary Judgment, and must contain a copy of this ruling.
This writ application is denied as to the trial court's February 24, 2020 ruling, which denied the Motion to Stay Legal Malpractice Claim and Motion to Continue Plaintiff's Motion for Summary Judgment filed by the relators, Stephen Guy de La up, S.
Guy deLaup, APLC, and Continental Casualty Company, as the criteria set forth in Herli tz Construction Co. , Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam), are not met.
TMH AHP Holdridge, J., concurs in part and dissents in part. I concur in the majority's not considering the writ application as to the Motion for Summary Judgment in accordance with the majority allowing the relators an opportunity to file a new application. I dissent from the ruling which denied the Motion to Stay Legal Malpractice Claim and the Motion to Continue the Plaintiff's Motion for Summary Judgment filed by relators, Stephen Guy deLaup, S. Guy deLaup, APLC, and Continental Casualty Company. I would grant both motions.
COURT OF APPEAL, FIRST CIRCUIT
TY FOR THE COURT
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