2023-CC-01260 Precedential Reversed Processed

Kingfish Asset Management, Llc., Et Al. v. Radine Bultman

Louisiana Supreme Court · Filed September 15, 2023

Opinion text

Supreme Court of Louisiana
September 15,
2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
KINGFISH ASSET MANAGEMENT, LLC., ET
AL.
VS.
RADINE BULTMAN
No. 2023-CC-01260
_ _ _ _ _ _
IN RE:
Radine Bultman - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Civil, Orleans Civil District Court Number(s) 2017-11337, Court
of Appeal, Fourth Circuit, Number(s) 2023-C-0595;
_ _ _ _ _ _
September 15, 2023
Writ application granted. See per curiam.
Crichton, J., dissents and assigns reasons.
Crain, J., dissents.
McCallum, J., concurs and assigns reasons.
JLW
JDH
JTG
PDG
09/15/2023 "See News Release 040 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-CC-01260
KINGFISH ASSET MANAGEMENT, LLC., ET AL.
VS.
RADINE BULTMAN
On Supervisory Writ to the Civil District Court,
Parish of Orleans
PER CURIAM
Granted. Considering the uncontroverted evidence of plaintiffs’ counsel’s
medical issues, we find the district court abused its discretion in denying plaintiffs’
motion for continuance. The judgment of the district court is therefore reversed.
We are mindful that this action has been pending for several years and further
delay is contrary to the interests of justice. Accordingly, while we direct the district
court to grant an appropriate continuance, the order shall be subject to the condition
that no further continuances will be granted. If plaintiffs’ counsel’s medical issues
continue to impair his ability to provide competent representation, he should either
associate additional counsel or withdraw in order to allow plaintiffs to obtain new
counsel.