STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JESSICA MECHE NO. 2022 CW 0270 VERSUS

USAA CASUALTY INSURANCE COMPANY, FARRAH BENEDETTO, GEICO CASUALTY COMPANY MARCH 1$, 2022

In Re: USAA Casualty Insurance Company and Farrah Benedetto, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 661762.

BEFORE: MCDONALD, LANIER, AND WOLFE, 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.

WIL EW

McDonald, J., concurs in part and dissents in part. I concur in the denial of the writ as to the motion in limine.

However, I dissent in part and would grant the motion to continue the trial. A continuance shall be granted if at the time a case is to be tried, the party applying for the continuance shows that he has been unable, with the exercise of due diligence, to obtain evidence material to his case.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLEVK OF COURT FOR THE COURT