STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT LEASER CROCKETT NO. 2022 CW 1084 VERSUS TARCHIA LOLLIS, GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, AND GEICO GENERAL INSURANCE COMPANY (UNINSURED/UNDERINSURED AND MEDICAL PAYMENTS) NOVEMBER 9, 2022

In Re: GEICO Casualty Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 694890.

BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.

WRIT GRANTED. The district court’s August 29, 2022 judgment vacating its June 20, 2022 judgment that dismissed GEICO Casualty Company with prejudice constitutes a substantive amendment to a final judgment. See La. Code Civ. P. art. 1951; Bourgeois v. Kost, 2002-2785 (La. 5/20/03), 846 So.2d 692.

Substantive amendments to judgments can be made only by consent of the parties or after a party has successfully litigated a timely application for new trial, an action for nullity, or a timely appeal. Duncan v. Gauthier, 2021-0220 (La. App. lst Cir. 10/28/21), 332 So.3d 1191, 1197. No timely motion for new trial was filed. Therefore, the August 29, 2022 judgment is an absolute nullity. See Benoit v. Benoit, 2021-0864 (La. App. Ist Cir. 4/4/22), 341 So.3d 719, 730. Furthermore, the procedure for the production of documents and things in the hands of persons not parties is governed by La. Code Civ. P. art. 1463, which allows either an independent action, which would necessarily require service, or a subpoena duces tecum to be served upon a person not a party to the lawsuit. Plaintiff did not employ either of these procedures. Therefore, the district court abused its discretion in ordering discovery from GEICO after its dismissal. For these reasons, the district court’s August 29, 2022 judgment is vacated.

VGW JMG EW COURT OF APPEAL, FIRST CIRCUIT ACS DEPUTY CLERK OF COURT FOR THE COURT