Axiall Corporation, Eagle Spinco, Inc. amd Eagle US 2, LLC v. Siemens Industry, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

AXIALL CORPORATION, EAGLE NO. 2021 CW 1314
SPINCO, INC. AND EAGLE US 2,
LLC

VERSUS IAN 2 5 2022!
SIEMENS INDUSTRY, INC.

Siemens Inc., for
In Re: Industry, applying supervisory
writs, 19th Judicial District Court, Parish of East

Baton Rouge, No. 647, 240.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED.

JMG
WRC

Holdridge, J., concurs. Under La. Code Civ. P. art. 561, a

motion to dismiss an action based on abandonment is an ex parte

motion with a supporting affidavit. In this case, the trial

court appeared to not follow the correct procedure and set the

matter for a contradictory hearing. Under Article 561, the court

should either sign the judgment of dismissal ( that would allow

the opposing party to file a motion to set aside the dismissal)

or deny the motion.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT
FOR THE COURT