Laura A. L'Herisson v. Davin Spring and Jennifer Spring

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LAURA A. L' HERISSON NO. 2020 CW 0003

VERSUS

DAVID SPRING AND JENNIFER MAR 0 3 2029
SPRING

In Re: Laura A. L' Herisson, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton
Rouge, No. 648, 667.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' JJ.

WRIT GRANTED. The provisions of the Louisiana Code of

Civil Procedure are not to be construed as an end in themselves
and should be construed liberally so as to implement the
substantive law. La. Code Civ. P. art. 5051. Thus, amendment

of the pleadings liberally allowed,
should be
providing the

movant is acting in good faith; the amendment is not sought as a
delaying tactic; the opponent will not be unduly prejudiced and
trial of the issues will not be unduly delayed. Beard v. Circle
IC, Inc., 554 So. 2d 825, 826 ( La. App. lst Cir. 1989).
Therefore, as the allegations contained in plaintiff, Laura A.
L' Herisson' s, original and prior amended petitions were

sufficient to put defendants, David Spring and Jennifer Spring,
on notice that plaintiff was seeking recovery for property
damages resulting from the alleged increased water runoff and

elevation change from the Springs' property, the Third Amending
and Supplemental Petition creates no surprise or prejudice to
the defendants. Accordingly, the district court' s December 2,
2019 judgment, denying L' Herisson' s Motion for Leave to File
Third Amending and Supplemental Petition, is reversed.

Plaintiff, Laura A. L' Herisson is granted leave to file her
Third Amended and Supplemental Petition with the district court.

VGW

JMG
WJB

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT

Judge William J. Burris, retired,
serving pro tempore by special appointment
of the Louisiana Supreme Court.