Hardee v. St. Paul Fire & Marine Insurance

Louisiana Court of Appeal

Hardee v. St. Paul Fire & Marine Insurance

417 So. 2d 883

CourtLouisiana Court of Appeal

DecidedJuly 14, 1982

DocketNo. 82-328

StatusPublished

This text of 417 So. 2d 883 (Hardee v. St. Paul Fire & Marine Insurance) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hardee v. St. Paul Fire & Marine Insurance, 417 So. 2d 883 (La. Ct. App. 1982).

Pincite

Opinion

Writ application on severance question denied. Although we may not agree with the trial judge’s action, we nevertheless cannot say that he abused his discretion under LA.C.C.P. Article 1038. Presumably, had severance not been granted, trial of the principal action fixed for July 14, 1982, would be delayed.

On the question of the application of St. Paul Fire and Marine Insurance Company concerning its right to jury trial, the writ is granted and made preemptory. In connection therewith, the issue is whether or not the trial court erred in recinding its order dated June 30, 1982, which granted the motion of St. Paul Fire and Marine Insurance Company and Merry S. Smith for a trial by jury as to all issues herein. The issue presented is identical with that presented in the case of City Stores Co. v. Johns-Manville Sales, 395 So.2d 953 (La. App. 4th Cir. 1981) and for the reasons therein stated, with which we agree, we conclude that the trial court in the instant case erred in recalling and setting aside its previous order of June 30,1982, granting to St. Paul Fire and Marine Insurance Company and Merry S. Smith a jury trial in these proceedings. Accordingly it is Ordered that the trial court’s previous order granting St. Paul Fire and Marine Insurance Company and Merry S. Smith a jury trial as to all issues, upon their posting bond in the total amount of $2,500.00, be, and is reinstated.

Free access — add to your briefcase to read the full text and ask questions with AI

Writ application on severance question denied. Although we may not agree with the trial judge’s action, we nevertheless cannot say that he abused his discretion under LA.C.C.P. Article 1038. Presumably, had severance not been granted, trial of the principal action fixed for July 14, 1982, would be delayed.

On the question of the application of St. Paul Fire and Marine Insurance Company concerning its right to jury trial, the writ is granted and made preemptory. In connection therewith, the issue is whether or not the trial court erred in recinding its order dated June 30, 1982, which granted the motion of St. Paul Fire and Marine Insurance Company and Merry S. Smith for a trial by jury as to all issues herein. The issue presented is identical with that presented in the case of City Stores Co. v. Johns-Manville Sales, 395 So.2d 953 (La. App. 4th Cir. 1981) and for the reasons therein stated, with which we agree, we conclude that the trial court in the instant case erred in recalling and setting aside its previous order of June 30,1982, granting to St. Paul Fire and Marine Insurance Company and Merry S. Smith a jury trial in these proceedings. Accordingly it is Ordered that the trial court’s previous order granting St. Paul Fire and Marine Insurance Company and Merry S. Smith a jury trial as to all issues, upon their posting bond in the total amount of $2,500.00, be, and is reinstated.

Cite This Page — Counsel Stack

Bluebook (online)

417 So. 2d 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardee-v-st-paul-fire-marine-insurance-lactapp-1982.

Opinion

Related

Cite This Page — Counsel Stack