Background
Sarah Guidry and Sean Guidry, individually and as natural tutors of their minor son, Theodore Guidry, applied for supervisory writs from the 19th Judicial District Court. This application sought review of an interlocutory ruling made by the district court in a case where they are opposing Our Lady of the Lake Hospital, Inc. d/b/a Our Lady of The Lake Children’s Hospital, along with several medical professionals.
In Louisiana, supervisory writs are a discretionary procedural mechanism allowing appellate courts to review interlocutory judgments that are not immediately appealable. They are typically granted only in specific circumstances where denial would cause irreparable injury, or where there is a clear error of law and a reversal would terminate the litigation or avoid a protracted trial.
The Court’s Holding
The Louisiana Court of Appeal, First Circuit, denied the application for supervisory writs filed by the Guidrys. The court explicitly stated that “The criteria set forth in Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.” The *Herlitz* case established the foundational criteria for appellate courts to exercise their supervisory jurisdiction, emphasizing that such review is not a substitute for an appeal and should be reserved for cases presenting exceptional circumstances.
By denying the writ, the appellate court indicated that the Guidrys’ application did not satisfy the high threshold required for interlocutory review. This means the First Circuit found no clear error in the district court’s ruling or no irreparable injury that would warrant immediate intervention through a supervisory writ. Judge Penzato concurred with the denial of the writ.
Key Takeaways
- The Louisiana First Circuit Court of Appeal has a high bar for granting supervisory writs, adhering strictly to the criteria established in *Herlitz Const. Co., Inc.*
- The denial of a supervisory writ means the appellate court found no exceptional circumstances, clear error, or irreparable injury to justify immediate review of the lower court’s interlocutory ruling.
- Parties seeking immediate appellate review of non-final judgments in Louisiana must demonstrate that their case squarely fits within the narrow *Herlitz* guidelines.
Why It Matters
This denial reinforces the principle that supervisory writs are an extraordinary remedy in Louisiana civil procedure, not a routine mechanism for appealing every interlocutory decision. For attorneys, it highlights the importance of thoroughly assessing whether a client’s situation truly meets the stringent *Herlitz* criteria before expending resources on a supervisory writ application. It also signals that, absent exceptional circumstances, trial court proceedings will generally continue without appellate interruption until a final judgment is rendered, at which point a full appeal can be lodged.