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Adkins v. City of Natchitoches

Court of Appeals of Louisiana, Third Circuit

November 5, 2014

MYRANDA ADKINS
v.
CITY OF NATCHITOCHES, ET AL

APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION - # 2, PARISH OF NATCHITOCHES, NO. 13-02170. JAMES L. BRADDOCK, WORKERS' COMPENSATION JUDGE.

John C. Guillet, Corkern, Crews & Gillet, LLC, Natchitoches, LA, COUNSEL FOR: Defendant/Appellee - City of Natchitoches.

Richard Bray Williams, Williams Family Law Firm, L.L.C., Natchitoches, LA, COUNSEL FOR: Plaintiff/Appellant - Myranda Adkins.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, and Billy Howard Ezell, Judges.

OPINION

[14-491 La.App. 3 Cir. 1] THIBODEAUX, Chief Judge.

Myranda Adkins appeals a judgment of the Office of Workers' Compensation (" OWC" ) granting the exception of subject

Page 647

matter jurisdiction filed by the City of Natchitoches (" City" ), the alleged statutory employer of Ms. Adkins, and revoking her authority to amend her original claim to add the City after rendition of final judgment against her direct employer, Natchitoches Tour Company, LLC (" Tour Company" ). We affirm.

I.

ISSUES

We must decide:

(1) whether the trial court erred in granting the exception of subject matter jurisdiction filed by the City of Natchitoches;
(2) whether the trial court manifestly erred in revoking its previous order allowing Ms. Adkins to amend her petition; and
(3) whether the dismissal of the amended 1008 should have been without prejudice.

II.

FACTS AND PROCEDURAL HISTORY


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