Dewayne & Janette Colston, Levene Harmon, Mary Morris, Randy & Carla Mingo, Shawndreka Washington, Sonna Clark, Jules Ambrose, Tiowanna Garden v. State Fire National Insurance Company, Access Home Insurance Company, Lighthouse Insurance Company, Southern Fidelity Insurance Company, and Louisiana Insurance Guaranty Assocation
2023CW1301
La. Ct. App.Nov 20, 2024Background
- Plaintiffs were multiple homeowners bringing claims against their respective insurers, alleging property damage from Hurricane Laura and/or Hurricane Delta.
- Defendants included several insurance companies and the Louisiana Insurance Guaranty Association (LIGA).
- LIGA filed several exceptions, including lis pendens, prescription, and improper cumulation of parties and actions.
- The trial court initially sustained LIGA's exception of improper cumulation with respect to certain plaintiffs and permitted them to refile separately but did not dismiss their claims.
- An amended judgment later severed claims involving several plaintiffs but did not dismiss them, maintaining the severed claims without prejudice.
- LIGA appealed and also sought supervisory writs, contesting the amendment to the original judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the amended judgment was a final, appealable judgment | Not directly argued; Plaintiffs sought clarification of rights | LIGA argued the amended judgment was a substantive change and should be vacated | Court held the amended judgment was not final or appealable; appeal dismissed |
| Whether the district court could amend its prior interlocutory judgment | Plaintiffs supported amendment for clarification | LIGA argued La. C.C.P. art. 1951 prohibits substantive changes to final judgments | Court held amendment was to an interlocutory, not final, judgment, so amendment was proper |
| Proper remedy for improper cumulation of actions/parties | Plaintiffs implicitly sought to preserve claims severed, not dismissed | LIGA sought dismissal for improper cumulation | Court noted severing claims (rather than dismissing) is proper under La. C.C.P. arts. 464 and 933 |
| Whether a writ should issue to reverse the amendment | Plaintiffs supported amendment | LIGA argued amendment was improper and sought reversal | Writ application denied; no merit to LIGA's argument |
Key Cases Cited
- First Guaranty Bank v. Carter, 563 So.2d 1240 (La. App. 1st Cir. 1990) (on proper action for improper cumulation — severance not dismissal)
- People of Living God v. Chantilly Corp., 207 So. 2d 752 (La. 1968) (dismissal for improper cumulation is final for appeal in some contexts)
- Alost v. Lawler, 277 So.3d 329 (La. App. 1st Cir. 2019) (granting a dilatory exception can be final judgment if it results in dismissal)
- Alonzo v. Cain, 154 So.3d 551 (La. App. 1st Cir. 2014) (similar to Alost, clarifies appealability standards)