2024CW0684 Nonprecedential Processed

Melvin L. Richard v. Lamorak Insurance Company

Louisiana Court of Appeal, First Circuit · Filed November 4, 2024

Opinion text

A

MELVIN L. RICHARD NO. 2024 CW 0684

VERSUS

LAMORAK INSURANCE COMPANY, NOMABER 4, 2024
ET AL

In Re: Aerojet Rocketdyne, Inc., for
applying supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 702275.

BEFORE: MCCLENDON, WELCH, AND LANIER, Ji.

WRIT GRANTED WITH ORDER. The portion of the trial court' s
June 26, 2024 judgment, which denied the Motion for Summary
Judgment filed by defendant, Aerojet Rocketdyne, Inc., is vacated.
Plaintiff raised an objection to the evidence submitted by
defendant with its Motion for Judgment,
Summary and defendant
raised objections to the evidence submitted by plaintiff with the
opposition to defendant' s Motion for Summary Judgment. 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 whether the
court sustains or overrules the objections raised. This matter is
remanded to the trial court for compliance with La. Code Civ. P.
art. 966( D)( 2), and a ruling on Aerojet' s Motion for Summary
Judgment,
after determination of any evidentiary issues, pursuant
to La. Code Civ. P. art. 966( C)( 4).

PMC
JEW
WIL

COURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT
FOR THE COURT