STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT GERALD DEAN SCOTT NO. 2025 CW 0569 VERSUS GERRY LANE ENTERPRISES, INC., DUSTIN N. RUTHERFORD, NEW YORK MARINE AND GENERAL INSURANCE COMPANY, XYZ INSURANCE COMPANY, AND USAA GENERAL INDEMNITY COMPANY OCTOBER 6, 2025 In Re: Gerry Lane Enterprises, Inc. and New York Marine and General Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 727287.

BEFORE: McCLENDON, C.J., GREENE AND STROMBERG, JJ.

WRIT DENIED. The requirements set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., So.2d 878 (La. 1981) (per curiam) are not met.

HG TPS McClendon, C.J., dissents and would grant the writ.

OURT OF APPEAL, FIRST CIRCUIT DEPUTY CLERK OF COURT FOR THE COURT