Ron S. Macaluso v. First Guaranty Bank

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

RON S. MACALUSO NO. 2021 CW 1139

VERSUS

FIRST GUARANTY

CONSOLIDATED WITH

FIRST GUARANTY BANK

VERSUS

UNIVERSITY PLACE, L. L. C.,
CROWE INVESTMENTS, L. L. C., DECEMBER 20, 2021
CHEVY' S ON THE AVENUE,
L. L. C., GORDON M. CROWE, JR.

AND RON S. MACALUSO

In Re: First Guaranty Bank, applying for supervisory writs,

21st Judicial District Court, Parish of Tangipahoa,

Nos. 2010- 000157 c/ w 2011- 000201.

BEFORE: WELCH, THERIOT, AND HESTER, JJ.

WRIT GRANTED WITH ORDER. The portion of the trial court` s

July 26, 2021 judgment, which denied in part the Motion for
Partial Summary Judgment filed by the plaintiff, First Guaranty
Bank, is vacated. The plaintiff raised objections to the
evidence submitted by the defendant, Ron S. Macaluso. However,

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

JEW
MRT
CHH

COURT OF APPEAL, FIRST CIRCUIT

l

DEPUTY CL RK OF COURT

FOR THE COURT