2024-C-00216 Precedential Writ application granted. Processed

Michael Desparois v. Timmons International, Llc

Louisiana Supreme Court · Filed April 9, 2024

Opinion text

Supreme Court of Louisiana
April 09, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
MICHAEL DESPAROIS
VS.
TIMMONS INTERNATIONAL, LLC
No. 2024-C-00216
_ _
_ _ _ _
I
N RE: Michael DesParois - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 655,392, Court
of Appeal, First Circuit, Number(s) 2022 CA 0736;
_ _ _ _ _ _
April 09, 2024
Writ application granted. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
04/09/2024 "See News Release 016 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-C-00216
MICHAEL DESPAROIS
VS.
TIMMONS INTERNATIONAL, LLC
On Writ of Certiorari to the Court of Appeal, First Circuit,
Parish of East Baton Rouge
PER CURIAM
The court of appeal erred in conducting a de novo review. The records at
issue were admitted into evidence pursuant to number 5 of the Joint Stipulation
Regarding Admissibility of Certain Documents and Designated Deposition
Testimony, and in any event, did not interdict the fact-finding process contained in
the Ruling of the trial court. The matter is therefor remanded with instructions to
conduct a review under the manifest error standard and to consider the assignment
of errors pretermitted.
04/09/24