John C. Valluzzo and Janette H. Valluzzo v. Cusimano Construction, Inc., Billie A. Brian Inc., Trinity Business Group, LLC, ABC Insurance Company, DEF Insurance Company, and XYZ Insurance Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JOHN C. VALLUZZO AND JANETTE NO. 2022 CW 1257
H. VALLUZZO

VERSUS

CUSIMANO CONSTRUCTION, INC.,
BILLIE A. BRIAN, INC.,
TRINITY BUSINESS GROUP, LLC,
ABC INSURANCE COMPANY, DEF
FEBRUARY 1, 2023
INSURANCE COMPANY, AND XYZ
INSURANCE COMPANY

In Re: Stutzman Sawing, LLC, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 707022.

BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.

WRIT GRANTED WITH ORDER. We vacate the trial court's
August 24, 2022 judgment, which denied the Motion for Summary
Judgment filed by the third party defendant, Stutzman Sawing,
LLC. The trial court failed to "state on the record or in
writing the reasons for granting or denying the motion" as
required by La. Code Civ. P. art. 966(C) (4). See James as Co-
Trustees of Addison Family Trust v. Strobel, 2019-0787 (La. App.
1st Cir. 6/24/20), 2020 WL 3446635 (unpublished) (recognizing
La. Code Civ. P. art. 966(C) (4) as "mandatory"). Thus, this
matter is remanded to the trial court for compliance with La.
Code Civ. P. art. 966 (C) (4).

JMG
EW
SMM

COURT OF APPEAL, FIRST CIRCUIT

O\.~
DEPUTY CLERK OF COURT
FOR THE COURT