2024CW0770 Nonprecedential Processed

John Thomas Wilkinson and Jessica Kemmerly Wilkinson v. Whit Green Home Inspections LLC, Charles W. Green, Christopher Michael Kennedy, Hilary Smith Kennedy, Natasha Amaya Engle, Red Stick Partners L. L. C.

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

Opinion text

01111 M1
11 ;
1111111" ffai*

JOHN THOMAS WILKINSON AND NO. 2024 CW 0770
JESSICA KEMMERLY WILKINSON

VERSUS

WHIT GREEN HOME INSPECTIONS,
LLC, CHARLES W. GREEN,
CHRISTOPHER MICHAEL KENNEDY,
HILARY SMITH KENNEDY,
NOVEMBER 4, 2024
NATASHA AMAYA ENGLE, RED
STICK PARTNERS, L. L. C.

In Re: Christopher Michael Kennedy and Hilary Smith Kennedy,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 696323.

BEFORE: WELCH, CHUTZ, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The district court' s July 14, 2024

judgment that granted the motion for partial summary judgment and
July 19, 2024 judgment that granted the motion to set error damages
trial and confirm active claims,filed by plaintiffs, John Thomas
Wilkinson and Jessica Kemmerly Wilkinson, are vacated.

Defendants, Christopher Michael Kennedy and Hilary Smith Kennedy,
raised objections to the evidence submitted by plaintiffs, but the
district 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
whether it sustains or overrules the objections raised. This matter
is remanded to the district court for compliance with La. Code
Civ. P. art. 966( D)( 2), and a ruling on plaintiffs' motions.

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT
FOR THE COURT