2022-CC-01629 Precedential Remanded Processed

Thomas M. Hammons v. Joe Banks Drywall & Acoustics, Inc.; Herbert "trey" Banks, III; And Abc Insurance Company

Louisiana Supreme Court · Filed January 18, 2023

Opinion text

Supreme Court of Louisiana
January 18, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
THOMAS M. HAMMONS
VS.
JOE BANKS DRYWALL & ACOUSTICS, INC.;
HERBERT "TREY" BANKS, III; AND ABC
INSURANCE COMPANY
No. 2022-CC-01629
_ _
_ _ _ _
I
N RE: Thomas M. Hammons - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Richland, 5th Judicial District Court Number(s) 48,242, Court of Appeal,
Second Circuit, Number(s) 54,909-CW;
_ _ _ _ _ _
January 18, 2023
Writ application granted. See per curiam.
Weimer, C.J., dissents.
Genovese, J., dissents.
Griffin, J., dissents.
JBM
JDH
SJC
WJC
01/18/2023 "See News Release 002 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No
. 2022-CC-01629
T
HOMAS M. HAMMONS
VS.
JOE BANKS DRYWALL & ACOUSTICS, INC.; HERBERT "TREY"
BANKS, III; AND ABC INSURANCE COMPANY
O
n Supervisory Writ to the 5th Judicial District Court, Parish of Richland
P
ER CURIAM
G
ranted in part. Based on the information presented, we are unable to
determine whether the district court conducted a proper hearing prior to issuing the
July 1, 2022 judgment denying relator’s motion to disqualify counsel. Accordingly,
the July 1, 2022 judgment is vacated and set aside, and the case is remanded to the
district court to reconsider the motion to disqualify counsel after conducting a n
appropriate contradictory hearing. In all other respects, the application is denied.
01/18/23