Boyd J. Hebert, III and Caroline D. Hebert v. Richard A. Thalheim, Jr. and Carolyn H. Thalheim

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

BOYD J. HEBERT, III AND NO. 2020 CW 0650
CAROLINE D. HEBERT

VERSUS

RICHARD A. THALHEIM, JR. AND JULY 28, 2020
CAROLYN H. THALHEIM

In Re: Richard A. Thalheim, Jr. and Carolyn H. Thalheim,

applying for supervisory writs, 17th Judicial District
Court, Parish of Lafourche, No. 140020.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

STAY DENIED; WRIT GRANTED IN PART WITH ORDER AND DENIED IN
PART. The trial court' s July 14, 2020 order which denied the
motion to continue trial filed by defendants, Richard A.
Thalheim, Jr. and Carolyn H. Thalheim, is vacated. Despite
defendants' request for a
hearing on their motion to continue,

the trial court denied the motion ex parte without a hearing.
La. Code Civ. P. art. 963 provides that if the order applied for
by written motion is one to which the mover is not clearly
entitled, or which requires supporting proof, the motion shall

be served on and tried contradictorily with the adverse party.
This matter is remanded to the trial court with instructions to
conduct a contradictory hearing on defendants' motion to
continue the trial. The writ application is denied as to the
denial of the motion for summary judgment filed by defendants,
Richard A. Thalheim, Jr. and Carolyn H. Thalheim.

TMH
AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT