B.H. v. St. Tammany Parish School Board and Samuel Patrick McCarty
B.H. v. St. Tammany Parish School Board and Samuel Patrick McCarty, No. 2022CW0982 (La. Ct. App. 1st Cir. Dec. 28, 2022).
The holding in the court’s own words
We conclude those four factors are satisfied in this case and the ruling at issue creates a possibility of resulting injustice.
Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.
Authorities cited
Identified automatically; this list may not be exhaustive.
- 304 So. 3d 867 not in our corpus
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
B.H. NO. 2022 CW 0982
VERSUS
ST. TAMMANY PARISH SCHOOL DECEMBER 28, 2022
BOARD AND SAMUEL PATRICK
MCCARTY
In Re: B.H., applying for supervisory writs, 22nd Judicial
District Court, Parish of St. Tammany, No. 2015-10509.
BEFORE : WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT GRANTED. We find the trial court abused its discretion
in denying plaintiff leave to file a fifth supplemental and
amending petition. Amendment of pleadings should be liberally
allowed provided that the movant is acting in good faith, the
amendment is not sought as a delaying tactic, the opponent will
not be unduly prejudiced, and trial on the issues will not be
unduly delayed. Palowsky v. Cork, 2019-0148 (La. App. lst Cir.
5/20/20), 304 So.3d 867, 875. We conclude those four factors are
satisfied in this case and the ruling at issue creates a
possibility of resulting injustice. Accordingly, the trial
court’s August 4, 2022 judgment is reversed and we hereby grant
plaintiff, B.H., leave to file the fifth supplemental and amending
petition.
VGW
CQURT OF APPEAL, FIRST CIRCUIT
N.Sel)
DEPUTY CLERK OF COURT
FOR THE COURT