Cheramie v. Guidry
Docket: No. CA 87 1461
Court: Louisiana Court of Appeal; May 17, 1988; Louisiana; State Appellate Court
The court addressed the timeliness of an amending answer with a supplemental brief filed by appellee Cheramie in response to an appeal by defendant-appellant Millers Mutual Fire Insurance Company. Millers Mutual argued that the filing was untimely and sought its dismissal. Key dates include the record being lodged on October 14, 1987, Cheramie's answer to the appeal on October 15, 1987, and his motion for leave to file the amending answer and supplemental brief, which was granted on January 11, 1988. Cheramie's amendments sought an increase in the trial court’s damage award and future loss of earnings, but Millers Mutual claimed these issues were not new since they pertained to damages already awarded. The court noted that since the case had not yet been placed on the docket and would not likely be heard until late fall or winter, Millers Mutual would have sufficient time to respond to the amended filing. Citing C.C.P. art. 2164, the court concluded that as long as no new issues were raised and the appellant had ample time to respond, the supplemental answer would be considered. Consequently, the motion to dismiss the amending answer and supplemental brief was denied and the costs were assigned to Millers Mutual.