Louisiana Court of Appeal, 2021

Charlyne R. Alfred v. Joseph J. Trapp, US Agencies Casualty Insurance Company and State Farm Mutual Automobile Insurance Company

Charlyne R. Alfred v. Joseph J. Trapp, US Agencies Casualty Insurance Company and State Farm Mutual Automobile Insurance Company
Louisiana Court of Appeal · Decided January 13, 2021

Charlyne R. Alfred v. Joseph J. Trapp, US Agencies Casualty Insurance Company and State Farm Mutual Automobile Insurance Company

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CHARLYNE R. ALFRED NO. 2020 CW 1055 VERSUS

JOSEPH J. TRAPP, USAGENCIES JANUARY 13, 2021 CASUALTY INSURANCE COMPANY AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

In Re: Charlyne R. Alfred, for applying supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 200812051.

BEFORE: GUIDRY, HOLDRIDGE, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The October 7, 2020 judgment denying relator' s motion for summary judgment contains a certification by the trial court pursuant to La. Code Civ. P. art. 1915( B). Therefore, this matter is remanded to the trial court with instructions to grant relator, Charlyne R. Alfred, an appeal from the October 7, 2020 judgment pursuant to the September 11, 2020 Notice Intent to for of Apply Supervisory Writ. See In Re Howard, 541 So. 2d 195, 197 ( La. 1989) ( per curiam). In the event relator seeks to appeal, she shall submit a new order for appeal to the trial court within 15 days of this order.

A copy of this order is to be included in the appellate record.

JMG WIL

Holdridge, J., dissents and would deny the writ. The parties should agree to a trial separate on the issue of insurance coverage to be decided by the court alone in accordance with La. Code Civ. P. art. 1562.

COURT OF APPEAL, FIRST CIRCUIT

r1, V DEPUTY C ERIC OF COURT FOR THE COURT

Case-law data current through December 31, 2025. Source: CourtListener bulk data.