C.A. Altazan, Jr. and Theresa Altazan v. Craig H. Gosserand, Gosserand Construction, L.L.C. and Mogoss Construction, L.L.C.

Summary

The Louisiana First Circuit declined to consider Western World Insurance Company's supervisory writ application as untimely. The court held that a motion for new trial directed at an interlocutory partial default judgment was procedurally improper and did not interrupt the thirty-day period for seeking supervisory writs.

Holdings

1. A motion for new trial pertains only to final judgments; therefore, a motion for new trial directed at the partial, interlocutory grant of a motion for default judgment is procedurally improper.
2. A motion for new trial seeking reconsideration of an interlocutory ruling cannot interrupt the thirty-day period for filing an application for supervisory writs under Rule 4-3 of the Uniform Rules of Louisiana Courts of Appeal.

Questions Presented

1. Whether a motion for new trial may be taken from a partial, interlocutory ruling granting a motion for default judgment.
2. Whether a procedurally improper motion for new trial seeking reconsideration of an interlocutory ruling interrupts the thirty-day period for filing an application for supervisory writs under Rule 4-3.

Disposition

writ_denied