C.A. Altazan, Jr. and Theresa Altazan v. Craig H. Gosserand, Gosserand Construction, L.L.C. and Mogoss Construction, L.L.C

• Court: Louisiana Court of Appeal
• Decided: January 23, 2026
• Docket: 2025 CW 1069
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

C.A. ALTAZAN JR. AND THERESA NO. 2025 CW 1069 ALTAZAN

VERSUS

CRAIG H. GOSSERAND,

GOSSERAND CONSTRUCTION,

L.L.C. AND MOGOSS JANUARY 23, 2026 CONSTRUCTION, L.L.Cc.

In Re: Western World Tnsurance Company, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 1047034.

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

WRIT NOT CONSIDERED. This writ application is untimely. Relator's, Western World Insurance Company, notice of intent was filed on October 2, 2025, more than thirty days after the district court signed a judgment granting the plaintiffs' motion for default judgment, and notice of judgment was mailed on April 22, 2025. Although relator filed a motion for a new trial on April 28, 2025, following the district court’s grant of the motion for default, that ruling was interlocutory because it was partial, and a motion for new trial pertains only to final judgments. Allstate Insurance Co. v. Mohamadian, 2009-1126 (La. App. Ist Cir. 2/17/10), 35 So.3d 1118, 1121. Thus, we find that the motion for new trial filed by Western World was procedurally improper. Most significantly, the filing of a motion for new trial seeking reconsideration of an interlocutory ruling cannot interrupt the thirty-day period for filing an application for supervisory writs established by Rule 4-3 of the Uniform Rules of Louisiana Courts of Appeal. See Carter v. Rhea, 2001-0234 (La. App. 4th Cir. 4/25/01), 785 So.2d 1022, 1025.

PMc HG TPS

COURT OF APPEAL, FIRST CIRCUIT

aot com OF aU FOR THE COURT