2020CW1258 Nonprecedential Writ granted Processed

Steven Brett Dykes and April Varnadoe Dykes v. Marjolein Bibi Bronswijk Wolke and Joseph Meindert Wolke, Terminix International Inc., River City Termite & Pest Control, Inc.

Louisiana Court of Appeal, First Circuit · Filed June 3, 2021

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STEVEN BRETT DYKES AND APRIL NO. 2020 CW 1258
VARNADOE DYKES

VERSUS

MARJOLEIN BIBI BRONSWIJK JUNE 3, 2021
WOLKE AND JOSEPH HERMANN
MEINDERT WOLKE, TERMINIX

INTERNATIONAL INC., RIVER
CITY TERMITE & PEST CONTROL,
INC.

In Re: Marjolein Bibi Bronswijk Woike and Joseph Hermann
Meindert Wolke, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 682635.

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

WRIT GRANTED. We reverse the judgment of the trial court

that denied the motion for summary judgment filed by Marjorie
Bibi Bronswijk Wolke and Joseph Hermann Mendert Wolke seeking
dismissal from this litigation. The Wolkes have successfully
pointed out that Steven Brett Dykes and April Varnadoc- Dykes
lack factual support to prove essential elements of their
claim, namely fraud or bad faith. Concluding there exist no

genuine issues as to material fact and that the Wolkes are

entitled to judgment as a matter of law, we grant their motion
for summary judgment. The claims of Steven Brett Dykes and

April Varnadoe Dykes against Marjorie Bibi Bronswijk Wolke and
Joseph Hermann Mendert Wolke in this litigation are dismissed
with prejudice.

VGW
JEW

WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK F COURT
FOR THE COURT