Background
The trustee for debtor in bankruptcy Offshore Specialty Fabricators, LLC brought an action against Stephen J. Williams and others in the 32nd Judicial District Court for Terrebonne Parish.
Williams, Alliance Heavy Lift, LLC, Alliance Energy Services, LLC, and Alliance Offshore, LLC applied to the Louisiana Court of Appeal, First Circuit, for supervisory review in trial-court proceeding No. 187130. The brief writ disposition does not describe the challenged ruling or the underlying claims.
The Court’s Holding
The First Circuit denied the application for a supervisory writ. The court did not provide a majority opinion explaining the denial.
Chief Judge McClendon concurred, stating that the criteria established in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 (La. 1981) (per curiam), were not met.
Key Takeaways
- The First Circuit declined to exercise supervisory review.
- The court’s writ denial left the challenged trial-court ruling undisturbed at this stage of the litigation.
- Chief Judge McClendon concluded that the criteria for supervisory review under Herlitz were not satisfied.
Why It Matters
The disposition illustrates that supervisory review is discretionary and that an applicant must satisfy the standards governing immediate appellate intervention. Because the court issued only a writ denial and a short concurrence, the decision establishes no stated ruling on the merits of the underlying dispute.