Timothy B. Stewart v. City of Bogalusa

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

TIMOTHY B. STEWART NO. 2023 CW 1313

VERSUS

CITY OF BOGALUSA, THROUGH JANUARY 29, 2024 CHIEF OF POLICE

In Re: The City of Bogalusa, applying for supervisory writs, Office of Workers' Compensation, District 6, No. 2303696.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

WRIT DENIED.

CHH SMM

Mcclendon, J. , concurs. The 2015 partial summary judgment that was presented in support of the exception of res judicata was an interlocutory judgment, which cannot serve as the basis for a plea of res judicata. See Saizan v. Pointe Coupee Parish School Bd., 2010-0757 ( La. App. 1st Cir. 10/29/10), 49 So. 3d 559, 563, writ denied, 2010-2599 ( La. 1/14/11), 52 So. 3d 905; La. Code Civ. P. art. 1915 (A) ( 3); Stewart v. City of Bogalusa,

2015-1877 ( La. App. 1st Cir. 8/5/16), 199 So.3d 651, 654.

DEPUTY CLERK OF COURT FOR THE COURT