Camsoft Data Systems v. Southern Electronics Supply, Inc. and Active Solutions, LLC

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
CAMSOFT DATA SYSTEMS, INC. NO. 2022 CW 1210

VERSUS
SOUTHERN ELECTRONICS SUPPLY, JANUARY 18, 2024
INC. AND ACTIVE SOLUTIONS,
LLC

In Re: Cams oft Data Systems, Inc., applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 582741.

BEFORE: McCLENDON, HOLDRIDGE, AND GREENE, JJ.

REFERRAL TO APPEAL RECALLED; WRIT DENIED. The criteria set
forth in Berlitz Construction Co., Inc. v. Hotel Investors of
New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam), are not
met.

PMc
GH

Greene, J., dissents and would grant the writ. I would
reverse the trial court's October 7, 2022 judgment granting the
motion for partial summary judgment filed by defendants, MMR
Group, Inc., MMR Offshore Services, Inc. and MMR Constructors,
Inc. d/b/a MMR Communications, seeking to dismiss the lost
business value damages claim of plaintiff, Camsoft Data Systems,
Inc., and deny the motion. Only documents actually filed in
support of or in opposition to the motion for summary judgment
may be considered by the court on a motion for summary
judgment. La. Code Civ. P. art. 966(0) (2) & Comments 2015,
comment (k); Alvin Fairburn & Associates, LLC v. Harris, 2020-
12 9 0 (La. App. 1st Cir. 10 / 18 / 21) , 2 0 21 WL 4 8 4 3 5 8 4 , * 3- 4
(unpublished). Thus, we may not rely upon the arguments and
exhibits that defendants, MMR Group, Inc., MMR Offshore
Services, Inc. and MMR Constructors, Inc. d/b/a MMR
Communications, attempted to adopt by reference from the motion
for partial summary judgment and supporting memorandum filed by
defendants, Dell, Inc. and Dell Marketing, L.P. Defendants, MMR
Group, Inc., MMR Offshore Services, Inc. and MMR Constructors,
Inc. d/b/a MMR Communications, made no arguments and did not
attach any exhibits to their motion for partial summary
judgment. Thus, they have failed to point out to the court the
absence of factual support for one or more elements essential to
Camsoft Data System, Inc.'s claim for lost business value
damages.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT