2023CW0705 Nonprecedential Writ denied Processed

Toni Flad Rossi v. Anthony Rossi

Louisiana Court of Appeal, First Circuit · Filed August 14, 2023

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

TONI FLAD ROSSI NO. 2023 CW 0705

VERSUS

ANTHONY ROSSI AUGUST 14, 2023

In Re: Toni Flad Rossi, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
2016-11187.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

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. However, we
note that unless otherwise agreed to by the parties, the report
of a licensed mental health professional prepared pursuant to
La. R. S. 9: 331 (B) is not admissible unless the licensed mental
health professional is present at trial for cross-
examination. See Barker v. Barker, 2014-0775 ( La. App. 1st Cir.
11/7/14), 167 So.3d 703, 705; Evans v. Evans, 2017-0627 ( La.
App. 4th Cir. 5/16/18), 247 So.3d 120, 124.

PMc
CHH
SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT