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Dalyce Burvant v. Axis Surplus Insurance Company - Writ Not Considered

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Summary

The Louisiana Court of Appeal, First Circuit, has not considered a writ application filed by Axis Surplus Insurance Company and Wings Up of Slidell, L.L.C. The court found the application failed to comply with Rule 4-5(C)(9) by omitting attachments to the opposition to a motion for summary judgment. This deficiency was previously noted.

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What changed

The Louisiana Court of Appeal, First Circuit, has issued a decision in Dalyce Burvant v. Axis Surplus Insurance Company, not considering a supervisory writ application filed by Axis Insurance Company and Wings Up of Slidell, L.L.C. The court cited non-compliance with Rule 4-5(C)(9) of the Uniform Rules of Louisiana Courts of Appeal, specifically the failure to include attachments to the plaintiffs' opposition to the defendants' motion for summary judgment. This deficiency had been previously identified in an earlier writ application by the same relators.

This decision means the writ application will not be reviewed on its merits, and further supplementation or rehearing will not be considered. For legal professionals involved in this case, it signifies the dismissal of the writ application due to procedural grounds, reinforcing the importance of strict adherence to court rules regarding documentation and attachments in appellate filings. The underlying case will proceed without the appellate court's intervention on the writ.

What to do next

  1. Review court rules for proper writ application procedures
  2. Ensure all required attachments are included in future filings

Archived snapshot

Mar 24, 2026

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March 23, 2026 Get Citation Alerts Download PDF Add Note

Dalyce Burvant v. Axis Surplus Insurance Company

Louisiana Court of Appeal

Combined Opinion

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

DALYCE BURVANT NO. 2025 CW 1237
VERSUS

AXIS SURPLUS INSURANCE
COMPANY A/K/A AXIS INSURANCE
SERVICES, LLC AND HOOTERS OF

LOUISIANA, LLC A/K/A
HOOTER'S OF SLIDELL MARCH 23, 2026

In Re: Axis Insurance Company and Wings Up of Slidell,
L.L.C., applying for supervisory writs, 22nd Judicial
District Court, Parish of St. Tammany, No. 201912355.

BEFORE: McCLENDON, C.J., GREENE AND STROMBERG, JJ.

WRIT NOT CONSIDERED. This writ application failed to comply
with Rule 4-5(C)(9) of the Uniform Rules of Louisiana Courts of
Appeal, as it failed to include the attachments to plaintiffs’
opposition to the defendants’ motion for summary judgment.
Although plaintiff's opposition was included in the writ
application, the attachments to that opposition were not
included. This court notes this deficiency was previously
identified in a prior writ application filed by relators. See
Burvant v. Axis Surplus Insurance Company, 2025-0673 (La. App.
Ist Cir. 11/3/25), 2025 WL 3077942 (unpublished).

Supplementation of this writ application and/or an
application for rehearing will not be considered. Uniform Rules
of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9.

PMc

HG
TPS

COURT OF APPEAL, FIRST CIRCUIT

wera 4 Vkino

6S UTY SLERE OF COURT
FOR THE COURT

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Last updated

Classification

Agency
LA Courts
Filed
March 23rd, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Minor
Document ID
No. 2025 CW 1237
Docket
2025 CW 1237

Who this affects

Applies to
Legal professionals
Activity scope
Appellate Procedure
Geographic scope
US-LA US-LA

Taxonomy

Primary area
Judicial Administration
Operational domain
Legal
Topics
Insurance Law Civil Procedure

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