Bianchini-frey, Llc And Kevin J. Bianchini, Ph.d. v. Fred Charles Frey, IV, Ph. D.

Supreme Court of Louisiana
October 12, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
BIANCHINI-FREY, LLC AND KEVIN J.
BIANCHINI, PH.D.
VS.
FRED CHARLES FREY, IV, PH.
D.
No. 2021-CC-00724
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I
N RE: Fred Charles Frey, IV, Ph.D. - Applicant Defendant; FCFIV, LLC -
Applicant Defendant; Applying For Supervisory Writ, Parish of Jefferson, 24th
Judicial District Court Number(s) 783- 815, Court of Appeal, Fifth Circuit,
Number(s) 20-C-479;
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October 12, 2021
Writ application granted. See per curiam.
Weimer, C.J., dissents.
PDG
JDH
SJC
JTG
WJC
JBM
10/12/2021 "See News Release 041 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2
021-CC-00724
BIANCH
INI-FREY, LLC AND KEVIN J. BIANCHINI, PH.D.
VS.
FRED CHARLES FREY, IV, PH.D.
On Su
pervisory Writ to the 24th Judicial District Court, Parish of Jefferson
PER CURIAM
W
e find there are questions of fact regarding the intent of the parties, which
makes summary judgment inappropriate at this time. See Penalber v. Blount, 550
So.2d 577 (La. 1989) (explaining that summary judgment “is rarely appropriate for
a determination based on subjective facts such as intent, motive, malice, knowledge
or good faith.”).
Accordingly, the writ is granted. The judgment of the district court granting
partial summary judgment in favor of plaintiff is reversed, and the case is remanded
to the district court for further proceedings.
10/12/21