Sweeney
v.
Hutchinson

Not overruled or negatively treated on appealinfoCoverage
Supreme Court of LouisianaFeb 23, 1998
No. 97-CC-2823 (La. 1998)
No. 97-CC-2823706 So. 2d 984

No. 97-CC-2823

February 23, 1998

Court of Appeal, Fifth Circuit, Number 97-CW-0917 First Parish Court of Jefferson Div. "A" Number 109276, 111-779

FILED: _______________________ ___________________________ DEPUTY CLERK


JOINT MOTION TO DISMISS

Wayne Hutchinson, applicant, appearing through his counsel of record, and Abell Corporation, American Equity Insurance Company, Old Republic Insurance Company, The Way, Inc., Wayne Wiggins, Clifford Sherlock, and Van Waters Rogers, Inc., respondents and defendants, through their respective counsel of record, the Braggs plaintiffs in First Parish Court Docket No. 112-280, the Riley plaintiffs in First Parish Court Docket No. 111-779, the Sweeney plaintiffs in First Parish Court Docket No. 109-276, and the Victorian plaintiffs in First Parish Court Docket No. 112-317, respondents and plaintiffs, through their respective counsel of record, jointly move the Court for the dismissal of the Writs of Certiorari and Review granted by the Louisiana Supreme Court on February 13, 1998, from the Application for Supervisory and/or Remedial Writs filed on behalf of Wayne Hutchinson, applicant, for the following reasons:

1. The consolidated lawsuits involved in the underlying actions were scheduled for trial on February 17, 1998.

2. During the week of February 9, 1998, American Equity Insurance Company, Old Republic Insurance Company, The Way, Inc., Wayne Wiggins, Clifford Sherlock, and Van Waters Rogers, Inc. made separate settlement offers to: the Braggs plaintiffs in First Parish Court Docket No. 112-280; the Riley plaintiffs in First Parish Court Docket No. 111-779; the Sweeney plaintiffs in First Parish Court Docket No. 109-276; and, the Victorian plaintiffs in First Parish Court Docket No. 112-317.

3. These settlement offers were accepted on behalf of the plaintiffs in question by their respective counsel, and the settlements were recited and placed on the record in open Court before Judge Olivier on February 9, 10 and 11, 1998.

4. By reason of these settlements, the Writ Application filed by Wayne Hutchinson and the Writs of Certiorari and Review granted by this Court on February 13, 1998 have become moot.

5. There is no need for the Smith plaintiffs in First Parish Court No. 112-530 to join in this motion because the claims of the three Smith plaintiffs were dismissed by the trial court.

WHEREFORE, Wayne Hutchinson, applicant, appearing through his counsel of record, and Abell Corporation, American Equity Insurance Company, Old Republic Insurance Company, The Way, Inc., Wayne Wiggins, Clifford Sherlock, and Van Waters Rogers, Inc., respondents and defendants, through their respective counsel of record, the Braggs plaintiffs in First Parish Court Docket No. 112-280, the Riley plaintiffs in First Parish Court Docket No. 111-779, the Sweeney plaintiffs in First Parish Court Docket No. 109-276, and the Victorian plaintiffs in First Parish Court Docket No. 112-317, respondents and plaintiffs, jointly move the Court to dismiss the Writs of Certiorari and Review granted by this Court on February 13, 1998 from the Application for Supervisory and/or Remedial Writs filed on behalf of Wayne Hutchinson, applicant, as moot due to the settlement described above.

Respectfully submitted:

______________________________________ Albert C. Miranda (#8690) LeBlanc, Miranda deLaup 2121 Airline Drive, Suite 601 Metairie, Louisiana 70001 (504) 833-8007 Counsel for Wayne Hutchinson, Applicant

______________________________________ Connie S. Montgomery (#24848) Cudzik Associates 1403 West Esplanade Avenue Kenner, Louisiana 70065 (504) 464-7000 Counsel for Sweeney and Victorian Plaintiffs, Respondents and Plaintiffs

______________________________________ Thomas C. Cerullo, Esq. (#3966) 900 North Causeway Blvd., Suite 1045 Metairie, Louisiana 70002 (504) 831-6945 Counsel for Riley Plaintiffs, Respondents and Plaintiffs

______________________________________ Samuel M. Yonter, Esq. (#20431) 909 West Esplanade Avenue, Suite 202 Kenner, Louisiana 70065 (504) 464-4725 Counsel for Braggs Plaintiffs, Respondents and Plaintiffs

______________________________________ Steven B. Witman, Esq. (#13621) Margaret A. Casey (#22918) 3900 North Causeway Blvd., Suite 600 Metairie, Louisiana 70002 (504) 836-2200 Counsel for Abell Corporation, Respondent and Defendant

______________________________________ George P. Hebbler, III, Esq. (#6722) Turner, Young, Hebbler Babin 424 Gravier Street New Orleans, Louisiana 70130 (504) 586-9120 Counsel for American Equity Insurance Company, Respondent and Defendant

______________________________________ George D. Fagan, Esq. (#14260) Leake Andersson, L.L.P. 1100 Poydras Street 1700 Energy Centre New Orleans, Louisiana 70163 (504) 585-7500 Counsel for Old Republic Insurance Company, Respondent and Defendant

______________________________________ Gus A. Fritchie, I, Esq. (#5751) Montgomery, Barnett, Brown, Read, Hammond Mintz, 1100 Poydras Street 3200 Energy Centre New Orleans, Louisiana 70163 (504) 585-3200 Counsel for The Way, Inc., Wayne Wiggins and Clifford Sherlock, Respondents and Defendants

______________________________________ Geoffrey P. Snodgrass (#12239) Elizabeth S. Cordes (#1786) Christovich Kearney, L.L.P. 601 Poydras Street, Suite 2300 New Orleans, Louisiana 70130-6078 (504) 561-5700 Counsel for Van Waters Rogers Inc., Respondent and Defendant