The Cadle Company, II, Inc. v. Roger D. Linder and General Miles Biggs, Jr. a/k/a G. Miles Biggs, Jr.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

THE CADLE COMPANY, II, INC. NO. 2019 CW 0996

VERSUS

ROGER D. LINDER AND GENERAL
SEP 18 2019
MILES BIGGS, JR. A/ K/ A G.
MILES BIGGS, JR.

In Re: The Cadle Company, II, Inc., applying for supervisory
writs, 22nd Judicial District Court, Parish of St.

Tammany, No. 2017- 15112.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

WRIT DENIED ON THE SHOWING MADE. Plaintiff, The Cadle

Company, II, Inc., failed to meet its burden of proving that

there is no genuine issue of material fact and that it is
entitled to judgment as a matter of law, as the affidavit

submitted in support of the motion for summary judgment failed

to accurately set forth the balance owed on the promissory note
by omitting the payments received from the bankruptcy trustee on
behalf of the principal obligor. In addition, plaintiff failed
to produce evidence sufficient to allow the court to render an

award of attorneys' fees requested by plaintiff.

ti.14 c]

Whipple, C. J., concurs and would deny on the showing made.

Crain, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

D4PYTk CLERK OF COURT
FOR THE COURT