2024CW0537 Nonprecedential Processed

Engquist-Rouzan Residential Development, L.L.C., and Engquist-Rouzan Commercial Development, L.L.C. v. Association Concrete Contractors, Inc., of Nevada; LM Insurance Corporation; Starr Indemnity & Liability Company; United Fire and Casualty Company; Liberty Insurance Corporation; Louisiana Testing & Inspection, Inc.; American Casualty Company of Reading

Louisiana Court of Appeal, First Circuit · Filed August 23, 2024

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ENGQUIST-ROUZAN RESIDENTIAL NO. 2024 CW 0537
DEVELOPMENT, L.L.C. &
ENGQUIST-ROUZAN COMMERCIAL
DEVELOPMENT, L.L.C.

VERSUS

ASSOCIATED CONCRETE AUGUST 23, 2024
CONTRACTORS, INC. OF NEVADA

In Re: Associated Concrete Contractors, Inc., F/K/A Associated
Concrete Contractors, Inc. of Nevada, applying for
supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, No. 714880.

BEFORE: GUIDRY, C.J., PENZATO AND STROMBERG, JJ.

WRIT GRANTED WITH ORDER. The trial court's May 10, 2024
judgment, which granted the Motion for Partial Summary Judgment on
Lack of Proper Licensure filed by the plaintiffs, Engquist-Rouzan
Residential Development, L.L.C. and Engquist-Rouzan Commercial
Development, L.L.C., is vacated. The defendant, Associated
Concrete Contractors, Inc. of Nevada, raised an objection to the
evidence submitted by the plaintiffs. However, the trial court
failed to rule on the admissibility of such evidence. La. Code
Civ. P. art. 966(D) (2) 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. This matter is remanded
to the trial court for compliance with La. Code Ci v. P. art.
966(D) (2), and a ruling on Motion for Partial Summary Judgment on
Lack of Proper Licensure filed by the plaintiffs, after
determination of any evidentiary issues, pursuant to La. Code Civ.
P. art. 966(C) (4).

JMG
AHP
TPS

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT