Carroll J. Aucoin, Jr. v. Bayou Lafourche Fresh Water District

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

CARROLL J. AUCOIN, JR., NO. 2019 CW 0894
TONIE A. AUCOIN AND AUCOIN
HOMESTEAD, L. L. C.

VERSUS

BAYOU LAFOURCHE FRESH WATER
DISTRICT, LOUISIANA COASTAL
PROTECTION AND RESTORATION
AUTHORITY, CH2M HILL, INC.
AND F. MILLER CONSTRUCTION,
LLC
OCT 18 2019

In Re: The Louisiana Coastal Protection and Restoration
Authority, applying for supervisory writs, 23rd
Judicial District Court, Parish of Assumption, No.
33837.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED WITH ORDER. The trial court' s June 5, 2019
judgment that denied the motion for summary judgment filed by
defendant, the Louisiana Coastal. Protection and Restoration
Authority, is vacated. Plaintiffs raised objections to the
evidence submitted by the defendant. However, the trial court

failed to rule on the admissibility of such evidence. La. Cade
Civ. P. art. 966( D)( 2) provides that the court shall

specifically state on the record or in writing which documents,
if any, it held to be inadmissible or declined to consider.
This matter is remanded to the trial court for compliance with

La. Code Civ. P. art. 966( D)( 2) and a the motion for
ruling on
summary judgment filed by defendant after determination of any
evidentiary issues, pursuant to La. Code Civ. P. art. 966( C).

PMC
JEW
GH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL R OF COURT
FOR THE COURT