LISA PLAIA AND PETER PLAIA INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN PETRA PLAIA AND CAROLINA PLAIA v. STEWART ENTERPRISES INC GREENWOOD FUNERAL HOME FIREMEN CHARITABLE BENEVOLENT ASSOCIATION LAFAYETTE INSURANCE COMPANY UNITED FIRE GROUP FIRST BAPTIST CHURCH OF NEW ORLEANS CHURCH MUTUAL INSURANCE COMPANY (2016)

Court of Appeal of Louisiana, Fourth Circuit.

LISA PLAIA AND PETER PLAIA, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN PETRA PLAIA AND CAROLINA PLAIA v. STEWART ENTERPRISES, INC., GREENWOOD FUNERAL HOME, FIREMEN'S CHARITABLE & BENEVOLENT ASSOCIATION, LAFAYETTE INSURANCE COMPANY, UNITED FIRE GROUP, FIRST BAPTIST CHURCH OF NEW ORLEANS, CHURCH MUTUAL INSURANCE COMPANY
LISA PLAIA AND PETER PLAIA, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN PETERA AND CAROLINA PLAIA v. STEWART ENTERPRISES, INC., GREENWOOD FUNERAL HOME, FIREMEN'S CHARITABLE & BENEVOLENT ASSOCIATION, LAFAYETTE INSURANCE COMPANY, UNITED FIRE GROUP, FIRST BAPTIST CHURCH OF NEW ORLEANS, CHURCH MUTUAL INSURANCE COMPANY
STEWART ENTERPRISES, INC., GREENWOOD FUNERAL HOME, FIREMAN'S CHARITABLE & BENEVOLENT ASSOCIATION, LAFAYETTE INSURANCE COMPANY, UNITED FIRE GROUP, FIRST BAPTIST CHURCH OF NEW ORLEANS, CHURCH MUTUAL INSURANCE COMPANY LISA PLAIA AND PETER PLAIA, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN PETRA PLAIA AND CAROLINA PLAIA v.

NO. 2014-CA-0159

Decided: November 21, 2016

(Court composed of Judge Dennis R. Bagneris, Sr., Judge Terri F. Love, Judge Max N. Tobias, Jr., Judge Edwin A. Lombard, Judge Paul A. Bonin)

Richard C. Stanley, Thomas P. Owen, Jr, Eva J. Dossier, STANLEY REUTER ROSS THORNTON & ALFORD, L.L.C., 909 Poydras Street, Suite 2500, New Orleans, LA 70112, Roderick Rico Alvendia, J. Bart Kelly, III, Amy C. Fontenot, Jeanne K. Demarest, ALVENDIA KELLY & DEMAREST, L.L.C., 909 Poydras Street, Suite 1625, New Orleans, LA 70112, James J. Carter, Jr., James J. Carter & Associates, LLC, 1100 Poydras Street, Suite 2900, New Orleans, LA 70163, COUNSEL FOR PLAINTIFFS/APPELLANTS James R. Sutterfield, Richard A. Goins, Brooke A. Riggs, SUTTERFIELD & WEBB, LLC, 650 Poydras Street, Suite 2715, New Orleans, LA 70130, COUNSEL FOR DEFENDANTS/APPELLANTS Charles D. Marshall, III, CHAFFE McCALL, L.L.P., 1100 Poydras Street, 2300 Energy Centre, New Orleans, LA 70163-2300, Timothy G. Schafer, SCHAFER & SCHAFER, 328 Lafayette Street, New Orleans, LA 70130, Kathryn T. Wiedorn, Alexander R. Saunders, PELLETERI & WIEDORN, L.L.C., 636 Carondelet Street, New Orleans, LA 70130, COUNSEL FOR DEFENDANTS/APPELLEES

In two separate applications, parties-defendant (one by Fireman's Charitable & Benevolent Association and United Fire & Indemnity Company, jointly, and one by First Baptist Church of New Orleans, First Baptist Church of New Orleans Foundation, and Church Mutual Insurance Company, jointly), seek a rehearing of our decision of 26 October 2016. After a careful and detailed analysis of the applications, we grant a rehearing in the following matter only:

On page 43 of our original opinion, we change the percentage of 57.5% to 42.5%. See La. C.C.P. arts. 2164 and 2129. In all other respects, the applications for rehearing are denied.

GRANTED IN PART; DENIED IN PART

Judge Max N. Tobias, Jr.

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