Employees' Retirement System of the City of Baton Rouge and East Baton Rouge Parish VS Randy P. Zinna d/b/a Law Office of Randy P. Zinna, and Continential Casualty Company
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT N0 EMPLOYEES 0044 RETIREMENT SYSTEM OF THE ROUGE AND PARISH OF BATON 2013 CW CITY OF BATON EAST ROUGE VERSUS RANDY P OFrICES AND ZINNA OF A B D LAW RANDY CONTINENTAL P ZINNA CASUALTY MARCH 27 COMPANY Continental In Re Casualty supervisory writs 19 Company Judicial Parish of East Baton Rouge BEFORE PARRO McDONALD AND DRAKE No 2013 for applying District Court 592778 JJ WRIT GRANTED Concluding that the trial court erred in peremptory Casualty s Company Exception of Peremption iled on its behalf and on behalf of its insured Randy P Zinna we reverse the judgment of the trial court We maintain Continental Casualty Company s Continental overruling Exception of Peremption Pursuant to La P C art 934 however we order the Employees Retirement System of the City of Baton Rouge and Parish of East Baton Rouge to amend its petition within thirty days of this order to state a cause of action that has not perempted or prescribed if it can On failure to comply with this order the trial court is directed to dismiss with prejudice the petition of the Employees Retirement System of the City of Baton Rouge and Parish of East Baton Rouge against Continental Casualty Company and Randy P Zinna RHP EGD McDonald J concurs JRT CO OF APPEAL FIRST CIRCUIT o l Jl L 1 CpiX EPUTY CLERK FOR THE OF COURT COORT
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