HARDEE v. ST. PAUL FIRE & MARINE INS. CO.

No. 82-328.

417 So.2d 883 (1982)

Judy B. HARDEE, et ux., Plaintiff-Respondent, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, et al., Defendants-Relators.

Court of Appeal of Louisiana, Third Circuit.

July 14, 1982.


Attorney(s) appearing for the Case

Watson, Murchison, Crews, Arthur & Corkern, Wm. P. Crews, Jr., and Brittain & Williams, Joe Payne Williams, Natchitoches, for defendants-relators.

Thomas, Dunahoe & Gregory, Gerard F. Thomas, Jr., Natchitoches, for plaintiff-respondent.

Whitehead & McCoy, Kenneth D. McCoy, Jr., Natchitoches, for defendant-respondent.

Before DOMENGEAUX, GUIDRY and CUTRER, JJ.


Writ application on severance question denied. Although we may not agree with the trial judge's action, we nevertheless cannot say that he abused his discretion under LA.C.C.P. Article 1038. Presumably, had severance not been granted, trial of the principal action fixed for July 14, 1982, would be delayed.

On the question of the application of St. Paul Fire and Marine Insurance Company concerning its right to jury trial, the writ is granted and made preemptory. In...

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