Trufund Financial Services, Inc. v. City of Baton Rouge/Parish of East Baton Rouge

• Court: Louisiana Court of Appeal
• Decided: May 10, 2024
• Docket: 2024CW0132
• Status: Unknown

Opinion

A 0 0

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TRUFUND FINANCIAL SERVICES, NO. 2024 CW 0132 INC.

VERSUS

CITY OF BATON ROUGE/ PARISH MAY 10, 2024 OF EAST BATON ROUGE

In Re: City of Baton Rouge/ Parish of East Baton Rouge, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 645210.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

STAY DENIED; WRIT GRANTED WITH ORDER. The district court' s December 15, 2023 judgment the motion for granting partial

summary judgment filed by Defendant -in -Reconvention, TruFund Financial Services, Inc., is a final, appealable judgment pursuant to La. Code Civ. P. art. 1915 ( A) ( 3) . See Jalou II, Inc. v. Liner, 2010- 0048 ( La. 1st Cir. 6/ 16/ 10), App. 43 So. 3d 1023, 1031 n. 5. Therefore, the writ is granted for the limited purpose of the to the remanding case district court with

instructions to grant relator, City of Baton Rouge/ Parish of East Baton Rouge, an appeal pursuant to the that pleading notified the district court of its intention to seek writs. See In re Howard, 541 So. 2d 195, 197 ( La. 1989) ( per curiam). A copy of this Court' s order is to be included in the appellate record.

Miller, J., agrees in part and dissents in part. I agree with the majority' s decision to deny relator' s stay request. However, I would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT