Titan of Louisiana, Inc. v. State of Louisiana, Division of Administration, Office of Community Development and Shaw Environmental & Infrastructure, Inc., with request for Jury as to Shaw

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

TITAN OF LOUISIANA, INC. NO. 2021 CW 0643

VERSUS

STATE OF LOUISIANA, DIVISION
OF ADMINISTRATION, OFFICE OF
COMMUNITY DEVELOPMENT AND
SHAW ENVIRONMENTAL &
OCTOBER 5, 2021
INFRASTRUCTURE, INC.

In Re: State of Louisiana, Division of Administration, Office
of
Community Development, applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 620966.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT GRANTED WITH ORDER. The trial court' s December 9, 2020
judgment that denied the motion for judgment filed
summary by
the defendant, State of Louisiana, Division of Administration,
Office of
Community Development, is vacated. The defendant
raised objections to the evidence submitted by the plaintiff,

Titan of Louisiana, Inc. However, the trial court failed to rule
on the
admissibility of such evidence with regard to the
affidavit of Thomas Gozdzialski. La. Code Civ. P. art. 966( D)( 2)
provides that the court shall
specifically state on the record
or in writing which documents, if it held to be
any,
inadmissible or declined to consider. This matter is remanded to
the trial court for compliance with Tia. Code Civ. P. art.
966( D)( 2),
and a ruling on the motion for summary judgment filed
by the defendant after determination of
any evidentiary issues,
pursuant to La. Code Civ. P. art. 966( C)( b)( 4).

VGW
AHP
CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTYCL RK OF COURT
FOR THE COURT