ARMOND BROWN, JARONET S. WHITAKER, NO. 24-C-371 ET AL FIFTH CIRCUIT VERSUS COURT OF APPEAL KEVIN D. THOMPSON, EDWARD J. GAIDRY, JR. AND THE LAW OFFICE OF E. JAMES STATE OF LOUISIANA GAIDRY, JR., ET AL

September 30, 2024 Susan Buchholz Chief Deputy Clerk

N RE EDWARD JAMES GAIDRY, JR., THE LAW OFFICES OF E. JAMES GAIDRY, JR. AND CONTINENTAL CASUALTY COMPANY APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE DONALD A. ROWAN, JR., DIVISION "L", NUMBER 805-569

Panel composed of Judges Stephen J. Windhorst, Scott U. Schlegel, and Timothy S. Marcel WRIT DENIED In this legal malpractice case arising from a lawsuit concerning the shooting and death of Jairon Brown by Michael George Romano, an officer with the Kenner Police Department, defendants Edward James Gaidry, Jr., the Law Offices of E.

James Gaidry, Jr., and Continental Casualty Company, seek supervisory review of the trial court's July 22, 2024 judgment granting a partial motion for summary judgment for plaintiffs, the surviving parents and siblings of decedent, and denying a partial motion for summary judgment filed by defendants.

The Supreme Court has instructed the appellate courts to exercise supervisory jurisdiction when (1) an appellate reversal will terminate the litigation, (2) there is no dispute of fact to be resolved, and (3) the trial court decision is arguably incorrect. Herlitz Constr. Co. v. Hotel Inv'rs of New Iberia, 396 So. 2d 878 (La. 1981). These factors have not been met in this case. A reversal of the trial court’s grant of the plaintiffs’ partial summary judgment and denial of defendants’ partial motion for summary judgment will not terminate the litigation.

Relators have an adequate remedy on appeal. This writ is therefore denied.

Gretna, Louisiana, this 30th day of September, 2024.

TSM SJW SUS SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL 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 09/30/2024 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:

24-C-371 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Donald A. Rowan, Jr. (DISTRICT JUDGE) Brian G. Shearman (Respondent) David S. Daly (Relator) Charles V. Cusimano, III (Respondent) Elliot M. Lonker (Relator) John H. Denenea, Jr. (Respondent) MAILED Brandon P. Shearman (Respondent) Kevin D. Thompson (Respondent) Attorney at Law Attorney at Law 3004 David Drive 7921 Park Avenue Metairie, LA 70003 Houma, LA 70364