2024CW0403 Nonprecedential Processed

Todd Blair and Vanessa Blair v. Southern Farm Bureau Insurance Company, Industrial Support System, Inc. Rod Braud and Jeff Diez, in his individual and official capacity as officer of Industrial Support System, Inc.

Louisiana Court of Appeal, First Circuit · Filed July 29, 2024

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

TODD BLAIR AND VANESSA BLAIR NO. 2024 CW 0403

VERSUS

LOUISIANA FARM BUREAU
CASUALTY INSURANCE COMPANY,
INDUSTRIAL SUPPORT SYSTEM,
INC., ROD BRAUD AND JEFFERY
DIEZ IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY AS AN
JULY 29, 2024
OFFICER OF INDUSTRIAL
SUPPORT SYSTEM, INC.

In Re: Industrial Support System, Inc., applying for

23rd Judicial District Court, Parish
supervisory writs,
of Ascension, No. 134617.

BEFORE: CHUTZ, GREENE, AND STROMBERG, JJ.

WRIT GRANTED WITH ORDER. The trial court' s March 11, 2024

ruling that denied the motion for summary judgment filed by
defendant, Industrial Support System, Inc., is vacated. Defendant

raised objections to affidavits submitted by plaintiffs with their
opposition to defendant' s motion for summary judgment. The trial
court failed to rule on the admissibility of such evidence in
accordance with La. Code Civ. P. art. 966 ( D) ( 2), which provides

that the court shall specifically state on the record or in writing
which documents, if any, it held to be inadmissible or declined to
consider prior to rendering judgment. This matter is remanded to
the trial court for compliance with La. Code Civ. P. art. 966( D) ( 2)
and a ruling on defendant' s motion for summary judgment after

determination of any evidentiary issues pursuant to La. Code Civ.
P. art. 966 ( C) ( b) ( 4) .

WRC

HG
TPS

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK Oe,,, OURT
FOR THE COURT