Tom C. Miller v. Jose Gustavo Erazo, Gabisa Insurance Company and Liberty Mutual Insurance Company

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

TOM C. MILLER NO. 2022 CW 0685 VERSUS JOSE GUSTAVO ERAZO, GABISA AUGUST 29, 2022

INSURANCE COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY

In Re: Liberty Personal Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 665938.

BEFORE : McDONALD, McCLENDON, AND HOLDRIDGE, JJ.

WRIT GRANTED. The trial court’s May 6, 2022 judgment vacating in part the October 27, 2021 judgment is reversed. The plaintiff’s “motion to vacate” is an impermissible second motion for new trial, which the trial court erred as a matter of law in granting. See Clark v. Board of Trustees of Clerks of Court Retirement & Relief Fund, 292 So.2d 874, 876 (La. App. Ist Cir.), writ denied sub nom., Watermeier v. Board of Trustees of the Clerks of Court Retirement & Relief Fund, 294 So.2d 836. 876 (La. 1974). The plaintiff’s motion to vacate the October 27, 2021 judgment is denied. These issues may be raised on appeal.

JMM PMc GH

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLERK OF COURT FOR THE COURT