Viola Simmons and Joseph W. Simmons Indvidually and On Behalf of Their Minor Son, Travis Simmons VS USAgencies Casualty Insurance Company, Sean M. Myrick, Mark A. Bueche, Auto Rouge Autoplex and ABC Insurance Company
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2009 CA 0970 VIOLA SIMMONS AND JOSEPH W SIMMONS INDIVIDUALLY AND ON BEHALF OF THEIR MINOR SON TRAVIS SIMMONS VERSUS USAGENCIES CASUALTY INSURANCE COMPANY SEAN M MYRICK MARK A BUECHE AUTO ROUGE AUTOPLEX AND ABC INSURANCE COMPANY Judgment rendered February fr qt1 Appealed 12 2010 from the 21st Judicial District Court in and for the Parish of Livingston Louisiana Trial Court No 115 586 Honorable Bruce C Bennett Judge LOCKE MEREDITH ATTORNEYS FOR SEAN D FAGAN PLAINTIFFS APPELLEES JEFFERY R NICHOLSON VIOLA AND JOSEPH W BATON ROUGE LA SIMMONS INDIVIDUALLY AND ON BEHALF OF THEIR MINOR SON TRAVIS SIMMONS WILLIAM C HELM ATTORNEYS FOR JOHN C JACOBS DEFENDANTS APPELLANTS SCOTT R SONNIER GEMINI INSURANCE COMPANY BATON ROUGE LA AUTO ROUGE AUTOPLEX AND MARK A BUECHE BEFORE CARTER C l GUIDRY AND PETTIGREW ll PETTIGREW l Following a trial on January 15 2009 judgment proceeding at 9 30 A M was fixed As may be the court on seen reference as Exhibit A and B scheduled for oral Because the are decide cases that docket for oral argument on January 6 2010 are attached hereto and made a part hereof by respectively the parties resolved this matter the day before argument parties have settled this matter the issues raised by appellants moot and appeal s by the January 6 2010 letters from counsel for both appellants and appellees which letters was a Rouge Autoplex together with legal interest thereon from date of judicial demand and all costs This matter it Bueche Auto A against them jointly and in solido in favor of Viola Simmons in the amount of 30 519 60 of the appellants Mark Company suspensively appealed and Gemini Insurance rendered the merits are are not moot or properly before this court at this time where no justiciable controversy exists Courts may not An issue is moot when it has been deprived of practical significance and has been made abstract purely academic McLain So 2d 415 with this 417 appeal v Mann 2006 1174 p 3 Accordingly this appeal is dismissed are assessed APPEAL DISMISSED to appellants La App 1 Cir 5 as moot on 4 07 or 961 All costs associated V REceiVED HELM CLERK S OFFICE JACOBS L L C Attorneys At Law JAN 08 2010 6555 Perkins Road Suite 400 Baton Rouge Telephone Louisiana 70808 225 COURT OF APPEAL FIRST CIRCUIT 767 9974 Toll Free 1 888 340 5251 Facsimile 225 767 9976 Writer s Email William C Helm John C Scott J william@hilaw Jacobs ore Sonnier Also Admitted in Mississippi January 6 2010 Via Facsimile 225 382 3010 COURT OF APPEAL FIRST CIRCUIT Filed Christine L Crow Clerk Court of Appeal First Circuit JAW 072010 State ofLouisiana P O Box 4408 6 Baton Rouge LA 70821 440 Re tr t Clerk B Joseph W Simmons Individually and O O Their Minor Son Travis Simmons vs USAgencies Casualty Insurance Company Sean M Myrick Mark A Bueche Auto Rouge Autoplex and ABC Insurance Company st 21 Judicial District Court Suit No 115 586 Division B Livingston First Circuit Court of Appeal State of Louisiana Cause No 2009 CA 0970 Viola Simmons and Our File 301 0091 1 Dear Ms Crow The referenced matter the Court Carter s was resolved yesterday afternoon Please remove this case from docket Oral argument is set for 9 30 this morning in Courtroom 1 before Judges Guidry and Pettigrew Thank you for your courtesies With kind regards lam Very truly yours J fA0 William C Helm WCH ega Enclosures cc Mr Jeff Nicholson Exhibit A LOCKE MEREDITH SEAN FAGAN JEFF NICHOLSON c5fG r 1300 Millerville Baton Rouge A Phone 225 272 5300 Professional Law Corporation Toll Free 1 800 479 9223 LA 70816 wwwdeeo1 ck rn r ith Fax 225 272 5990 com 2010 RECE d January fJ CLERK S n VIA FACSIMILE JAN 0 8 2010 AND FIRST CLASS MAIL COURT OF Ae FIRST CIRCU T Honorable Christine L Crow First Circuit Comi of Appeal O Box 4408 Baton Rouge P roijf T LA 70821 225 Mr Rod Ftlmt 382 3010 Attn p OfAp t ftRSTCtRClllf JAil Naquin Viola Simmons et al RE 6 USAgencies Casualty Insurance vs First Circuit Number 21st JDC Suit Number Dear Mr 72010 0 Co CIBrk et al 2009 CA 0970 115 586 Division B Naquin This confirms your conversation with my secretary this moming wherein we advised that the above referenced matter has been resolved Therefore we ask that the Oral Arguments set for 9 30 this morning be removed from the Court s docket Thank you for your attention to this matter and if you have any questions Sincerely JEFF NICHOLSON LOCKE MEREDITH SEAN FAGAN A Pr essional Law Corporation Jcholson IN dsh cc Mr William Helm via facsimile 22 767 9976 Exhibit B please contact me
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