Scott Gaspard Law Firm, L.L.C. v. Catherine Townsend Walter

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

SCOTT GASPARD LAW FIRM, NO. 2024 CW 0464
L.L.Cc.

VERSUS

CATHERINE TOWNSEND WALTER AUGUST 12, 2024
In Re: Catherine Townsend Walter, applying for supervisory

writs, Baton Rouge City Court, Parish of East Baton
Rouge, No. 17-10711.

BEFORE : WOLFE, MILLER, AND GREENE, JJ.

WRIT DENIED. We find the procedure set forth in La. Code Civ.
P. art. 561(A) (3) was not followed, as relator-defendant,
Catherine Townsend Walter, failed to attach to her Motion to
Dismiss Abandoned Suit an affidavit which provided that no step
had been timely taken in the prosecution or defense of the action.
The current version of La. Code Civ. P. art. 561 contains no
provision to set a contradictory hearing on an ex parte motion to
dismiss for abandonment. We note that, in Clark v. City of Hammond,
2000-0673 (La. App. lst Cir. 8/10/00), 767 So.2d 882, 883-84 (per
curiam), this court found that the lack of an affidavit was not
fatal to relator’s motion to dismiss because a contradictory
hearing, ultimately, had been held and both sides were afforded
the opportunity to present evidence and argument. However, prior
to 2003 and at the time Clark was decided, La. Code Civ. P. art.
561(A) (2) provided that “the trial court may direct that a
contradictory hearing be held prior to dismissal.” By Act No. 545,
§ 1 of 2003, La. Code Civ. P. art. 561 was amended to delete the
language pertaining to a contradictory hearing. When the
Legislature changes the wording of a statute, it is presumed to
have intended a change in the law. Borel v. Young, 2007-0419 (La.
11/27/07), 989 So.2d 42, 48, on rehearing (July 1, 2008).
Accordingly, we deny the writ, given the proper procedure under
the current version of La. Code Civ. P. art. 561 was not followed.

EW
SMM
HG

COURT OF APPEAL, FIRST CIRCUIT

Rul ud
1 DEPUTY CLERK OF COURT
FOR THE COURT