Sanctuary Capital, Llc, Et Al., On Behalf Of North Louisiana Bidco, Llc v. Richard D. Cloud, James Randoplh Garner, And North Louisiana Bidco, Llc

Supreme Court of Louisiana
September 20, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
SANCTUARY CAPITAL, LLC, ET AL., ON
BEHALF OF NORTH LOUISIANA BIDCO, LLC
VS.
RICHARD D. CLOUD, JAMES RANDOPLH
GARNER, AND NORTH LOUISIANA BIDCO,
LLC
No. 2022-C-00751
_ _ _ _
_ _
IN R
E: Robert Lawler Garner as Executor as Substitute Defendant for James R.
Garner, decd. - Applicant Defendant; Applying For Writ Of Certiorari, Parish of
Ouachita, 4th Judicial District Court Number(s) 14-1379, Court of Appeal, Second
Circuit, Number(s) 54,364-CA;
_ _ _ _ _ _
September 20, 2022
Writ application granted. See per curiam.
Hughes, J., would deny.
Crichton, J., would deny.
JLW
JTG
WJC
JBM
PDG
09/20/2022 "See News Release 041 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2022-C-00751
S
ANCTUARY CAPITAL, LLC, ET AL., ON BEHALF OF NORTH
LOUISIANA BIDCO, LLC
VS.
RICHARD D. CLOUD, JAMES RANDOPLH GARNER, AND NORTH
LOUISIANA BIDCO, LLC
O
n Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Ouachita
PE
R CURIAM
W
rit granted. Because James Randolph Garner died before the court of appeal
rendered its decision, that decision (which affirmed the trial court’s judgment in
favor of the plaintiffs and against Mr. Garner) is absolutely null. Insofar as the
appellate court decision concerns the claims against Mr. Garner, the appellate court
decision is vacated, and this matter is remanded to the Louisiana Court of Appeal,
Second Circuit for such action as the law permits, including the substitution of the
legal successor of the deceased party in accordance with Rule 2-9 of the Uniform
Rules-Courts of Appeal, the rendition and signing of a decision in favor of or against
the properly substituted party, and the filing of a writ application with this court from
such decision by any party to the action. In considering substitution issue, the court
of appeal is ordered to hear and decide whether the plaintiffs’ claim against Mr.
Garner to enforce inspection of books and records of North Louisiana BIDCO, LLC
abated or was extinguished by his death.
09/20/22