Thomas M. Hammons v. Joe Banks Drywall & Acoustics, Inc.; Herbert "trey" Banks, III; And Abc Insurance Company

Supreme Court of Louisiana
October 15, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
THOMAS M. HAMMONS
VS.
JOE BANKS DRYWALL & ACOUSTICS,
INC.; HERBERT "TREY" BANKS, III; AND
ABC INSURANCE COMPANY
No. 2024-CC-00791
_ _
_ _ _ _
I
N RE: Thomas M. Hammons - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Richland, 5th Judicial District Court Number(s) 48,242, Court of Appeal,
Second Circuit, Number(s) 55,887-CW;
_ _ _ _ _ _
October 15, 2024
Writ application granted in part. See per curiam.
SJC
JLW
JDH
JTK
WJC
JBM
PDG
10/15/2024 "See News Release 046 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
2024-CC-00791
THOM
AS M. HAMMONS
VS.
JOE BANKS DRYWALL & ACOUSTICS, INC.; HERBERT "TREY"
BANKS, III; AND ABC INSURANCE COMPANY
On S
upervisory Writ to the 5th Judicial District Court, Parish of Richland
P
ER CURIAM
Gr
anted in part. In the absence of agreement by all parties, the district court
erred in ruling on the cross-motions for summary judgment without conducting a
contradictory hearing. See La. Code Civ. P. art. 966(C)(1)(a).
Accordingly, the district court’s February 22, 2024, judgment is vacated. The
case is remanded to the district court to conduct a contradictory hearing on these
motions.
In all other respects, the application is denied.
10/15/24