Fred Oswald v. Randall C. "Randy" Smith, Individually and in His Capacity as The Sheriff of St. Tammany Parish

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

FRED OSWALD NO. 2019 CW 1118

VERSUS

RANDALL C. " RANDY" SMITH,
INDIVIDUALLY AND IN HIS
CAPACITY AS THE SHERIFF OF DEC 18 2019
ST. TAMMANY PARISH

In Re: Randall C. " Randy" Smith in his as the
capacity
Sheriff of St. Tammany Parish, applying for
supervisory writs, 22nd Judicial District Court,
Parish of St. Tammany, No. 2018- 10044.

BEFORE: WHIPPLE, C. J., McCLENDON, WELCH, HOLDRIDGE AND CHUTZ,
JJ.

WRIT GRANTED WITH ORDER. The trial court' s August 15, 2019
judgment that denied the motion for judgment filed
summary by
the defendant, Randall Smith, is vacated. The defendant raised

objections to the evidence submitted
by the plaintiff, Fred
Oswald. However, the trial court failed to rule on the
admissibility of such evidence with regard to the plaintiff' s
Exhibits D and 0. La. Code 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 ruling on
the motion for judgment filed the defendant
summary by after

determination ofany evidentiary issues, pursuant to La. Code
Civ. P. art. 966( C)( b)( 4).

VGW
PMC

GH
WRC

Welch, J.,
dissents and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

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