DocketNumber: 2022CW1206
Filed Date: 2/1/2023
Status: Precedential
Modified Date: 2/1/2023
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DOROTHY BANISH MADDEN NO. 2022 CW 1206 VERSUS STEVEN RAY FAIRBURN, K.S. TIMBER COMPANY, INC., PLAZA INSURANCE COMPANY, XYZ INSURANCE COMPANY, & CAPITAL SPECIALTY INSURANCE FEBRUARY 1, 2023 CORPORATION In Re: Dorothy Banish Madden, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 111549. BEFORE: GUIDRY, C.J., WELCH, HOLDRIDGE, WOLFE AND MILLER, JJ. WRIT GRANTED. We find the trial court abused its discretion in denying plaintiff leave to file the first amended petition for damages. Amendment of pleadings should be liberally allowed provided that the movant is acting in good faith, the amendment is not sought as a delaying tactic, the opponent will not be unduly prejudiced, and trial on the issues will not be unduly delayed. Palowsky v. Cork, 2019-0148 (La. App. 1st Cir. 5/20/20),304 So.3d 867
, 875. We conclude those four factors are satisfied in this case. Accordingly, that portion of the trial court's October 5, 2022 judgment is reversed and we hereby grant plaintiff's, Dorothy Banish Madden, motion for leave to file the first amended petition for damages. The trial court further denied as moot the exception of prescription filed by defendant, Capitol Specialty Insurance Corporation. In light of our granting plaintiff leave to amend, that portion of the trial court's October 5, 2022 judgment is hereby vacated and the peremptory exception raising the objection of prescription is remanded to the trial court for further proceedings. JMG JEW GH SMM Wolfe, J., dissents and would deny the writ. The criteria set forth in Berlitz Constuction Co., Inc. v. Hotel Investors of New Iberia, Inc.,396 So.2d 878
(La. 1981) (per curiam) are not met. COURT OF APPEAL, FIRST CIRCUIT DEPUTY CLERK OF COURT FOR THE COURT