ERNSO HYATY NO. 22-C-320 VERSUS FIFTH CIRCUIT KELLY PURVIS, GEICO INDEMNITY COURT OF APPEAL COMPANY, EAN HOLDINGS, LLC. STATE OF LOUISIANA ENTERPRISE RENT-A-CAR COMPANY, AND ABC INSURANCE COMPANY

July 17, 2022 Susan Buchholz First Deputy Clerk

IN RE GEICO INDEMNITY COMPANY APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANK A.

BRINDISI, DIVISION "E", NUMBER 787-610

Panel composed of Judges Robert A. Chaisson, Stephen J. Windhorst, and Hans J. Liljeberg

WRIT GRANTED; REMANDED Relator, GEICO Indemnity Company, seeks review of: 1. The trial court’s July 11, 2022 order granting an ex parte motion for leave to file first supplemental and amending petition by plaintiff, filed without consent of the parties, and without a contradictory hearing; and 2. The trial court’s July 13, 2022 order denying relator’s motion to vacate and strike ex parte motion for leave to file the first supplemental and amending petition without a contradictory hearing; and the motion to continue trial of the merits, leaving the motion for summary judgment filed by Enterprise Leasing set for hearing on the morning of trial on the merits, July 19, 2022.

It appears that the trial court did, in fact, deny relator’s motions. After review of the writ application and exhibits, and on the showing made, relator’s writ application is granted. Accordingly, we vacate the trial court’s July 11, 2022 and July 13, 2022 rulings and remand this matter to the trial court to conduct a contradictory hearing on plaintiff’s ex parte motion for leave to file first supplemental and amending petition, and relator’s motions to continue trial date and to vacate and strike ex parte motion for leave to file first supplemental and amending petition. La. C.C.P. arts. 1151 and 966 C (1)(a).

Gretna, Louisiana, this 17th day of July, 2022.

SJW RAC HJL SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON FREDERICKA H. WICKER INTERIM CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 07/17/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

22-C-320 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Frank A. Brindisi (DISTRICT JUDGE) Sean P. Mount (Respondent) Steven M. Mauterer (Relator) Amber Heller (Relator) MAILED Todd M. Korbel (Respondent) Shana Robertson (Relator) Bryce M. Addison (Respondent) Attorney at Law Attorney at Law Talbot M. Quinn (Respondent) 3045 Ridgelake Drive 3510 North Causeway Boulevard Attorney at Law Suite 317 Suite 608 755 Magazine Street Metairie, LA 70002 Metairie, LA 70002 New Orleans, LA 70130