2023CW0576 Nonprecedential Writ denied Processed

Titan of Louisiana, Inc v. State of Louisiana, Division of Adminstration, Office of Community Development and Shaw Environmental & Infrastructure, Inc.

Louisiana Court of Appeal, First Circuit · Filed October 26, 2023

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
TITAN OF LOUISIANA, INC. NO. 2023 CW 0576
VERSUS

STATE OF LOUISIANA, DIVISION
OF ADMINISTRATION, OFFICE OF
COMMUNITY DEVELOPMENT AND
SHAW ENVIRONMENTAL &
INFRASTRUCTURE, INC. OCTOBER 26, 2023

In Re: Aptim Government Solutions, LLC f/k/a Shaw
Environmental & Infrastructure, LLC, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 620966.

BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.

WRIT DENIED. La. Code Civ. P. art. 966(0) (2) states that
any objection to a document shall be raised in a timely filed
opposition or reply memorandum. Contradictory hearings are not
allowed to rule on objections except in the case of the
qualification and methodology of an expert under La. Code Civ.
P. art. 1425(F).

In this case, the trial judge should have considered the
objections made and rendered a judgment immediately prior to
rendering its judgment on the merits of the summary judgment. To
allow hearings and rulings on objections in advance of the
hearing on the motion for summary judgment and then having writs
on those rulings heard by the appellate court prior to ruling on
the summary judgment defeats the purpose of the summary judgment
procedure that is "designed to secure the just, speedy, and
inexpensive determination of every action." La. Code Ci v. P.
art. 966 (A) (2).

GH
EW

Welch, J., concurs in the result.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT