Omolabake Ojomo-Bakare and Dele Bakare, Individually and on behalf of their minor child, Britney Bakare v. Baton Rouge Community College, The Baton Rouge Community College Foundation, Inc. and XYZ Insurance Company ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
OMOLABAKE OJOMO- BAKARE AND NO. 2021 CW 1488
DELE BAKARE, INDIVIDUALLY
AND ON BEHALF OF THEIR MINOR
CHILD, BRITNEY BAKARE
VERSUS
BATON ROUGE COMMUNITY JANUARY 31, 2022
COLLEGE, THE BATON ROUGE
COMMUNITY COLLEGE
FOUNDATION, INC. AND XYZ
INSURANCE COMPANY
In Re: The State of Louisiana, through the Board of
Supervisors of Louisiana Community and Technical
Colleges, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 688629.
BEFORE: McDONALD, LANIER, AND WOLFE, JJ.
WRIT GRANTED WITH ORDER. The district court judge sitting
pro tempore had the authority to review any interlocutory order
she rendered during the progress of this case under the broad
powers conferred by La. Code Civ. P. art. 1631. Prior to final
judgment, the judge had the discretion to change the substance
or the result of an interlocutory ruling she found to be
erroneous and set it aside without any formal motion. See
Jackson v. Ace Am. Ins. Co., 2017- 0830, ( La. App. 1st Cir.
9/ 21/ 18), 2018 WL 4562071, at * 3( unpublished). The district
court' s November 5, 2020 order granted a new trial and vacated
the original judgment that denied defendant' s exceptions.
Although the exceptions were reset for hearing, when the matter
came before the district court on September 7, 2021, the court
treated it as a hearing on a motion for new trial rather than a
hearing on the exceptions. As a result of the prior ruling that
vacated the initial ruling on the exceptions, there is currently
no ruling on defendant' s exceptions. Accordingly, the September
30, 2021 judgment denying a new trial is vacated. The matter is
remanded to the district court for consideration of the
exceptions of No Cause Action,
Insufficiency of Service of
of
Process, and Vagueness with Motion to Strike filed by defendant,
Baton Rouge Community College.
imm
WIL
EW
COURT OF APPEAL, FIRST CIRCUIT
A4 U4eL
DEPUTY CL RK OF COURT
FOR THE COURT