Daniel Baldwin Dunlap and Margaret A. Dunlap v. Empire Trading Group, LLC, Your Home Pros Realty, Victoria Honeycutt, Kaitlin Cox, Keller Williams Realty-Greater Baton Rouge, ABC Insurance Company, DEF Insurance Company, and XYZ Insurance Company
Daniel Baldwin Dunlap and Margaret A. Dunlap v. Empire Trading Group, LLC, Your Home Pros Realty, Victoria Honeycutt, Kaitlin Cox, Keller Williams Realty-Greater Baton Rouge, ABC Insurance Company, DEF Insurance Company, and XYZ Insurance Company, No. 2022CW0387 (La. Ct. App. 1st Cir. Sept. 23, 2022).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DANIEL BALDWIN DUNLAP AND NO. 2022 CW 0387
MARGARET A. DUNLAP
VERSUS
EMPIRE TRADING GROUP, LLC,
YOUR HOME PROS REALTY,
VICTORIA HONEYCUTT, KAITLIN
COX, KELLER WILLIAMS REALTY -
SEPTEMBER 23, 2022
GREATER BATON ROUGE, ABC
INSURANCE COMPANY, DEF
INSURANCE COMPANY, AND XYZ
INSURANCE COMPANY
In Re: Empire Trading Group, L. L. C., applying for supervisory
writs, 21st Judicial District Court, Parish of
Livingston, No. 163360.
BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The district court' s October 6, 2021
judgment denying the motion for summary judgment filed by
Defendant, Empire Trading Group, L. L. C., is hereby reversed.
Empire met its initial burden on summary judgment. Thereafter,
the burden shifted to Plaintiffs to produce factual support
sufficient to establish the existence of a genuine issue of
material fact or that the mover is not entitled to judgment as a
matter of law. La. Code Civ. P. art. 966( D)( 1). In opposition
to Empire' s motion for summary judgment, Plaintiffs only
produced documents responsive to a FOIA request submitted by
Plaintiffs to FEMA. We find these documents are not sufficient
to establish a genuine issue of material fact precluding summary
judgment. Accordingly, Empire' s motion for summary judgment is
granted, and all claims asserted by Plaintiffs, Daniel Baldwin
Dunlap and Margaret A. Dunlap, against Defendant, Empire Trading
Group, L. L. C., are dismissed with prejudice.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
DdPJJTk CLERK OF COURT
FOR THE COURT