Kathleen Powell, Jeremy Phillips, Brandi Phillips, Donald Dawson, Barbara Dawson, Michael Montalbano, Evelyn Montalbano, Mitchell Kimble and Katherine Kimble v. State of Louisiana through The Terrebonne Levee and Conservation District and Coastal Restoration and Protection Authority

1

KATHLEEN POWELL, JEREMY NO. 2024 CW 0929
PHILLIPS, BRANDI PHILLIPS,
DONALD DAWSON, BARBARA
DAWSON, MICHAEL MONTALBANO,
EVELYN MONTALBANO, MITCHELL
KIMBALL, AND KATHERINE
KIMBALL

VERSUS

STATE OF LOUISIANA THROUGH
THE TERREBONNE LEVEE AND
CONSERVATION DISTRICT,
TERREBONNE PARISH
CONSOLIDATED GOVERNMENT, AND
COASTAL PROTECTION AND
RESTORATION AUTHORITY DECEMBER 23, 2024

In Re: Kathleen Powell, Jeremy Phillips, Brandi Phillips,
Donald Dawson, Barbara Dawson, Michael Montalbano,
Evelyn Montalbano, Mitchell Kimble, Katherine Kimble,
and Milton Constransitch, applying for
supervisory
writs, 32nd Judicial District Court, Parish of
Terrebonne, No. 190344.

BEFORE: MCCLENDON, WELCH, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The portion of the trial court' s
August 27, 2024 judgment which denied the Motion for Partial
Summary Judgment filed by plaintiffs, Kathleen Powell, Jeremy
Phillips, Brandi Phillips, Donald Dawson, Barbara Dawson, Michael
Montalbano, Evelyn Montalbano, Mitchell Kimble, Katherine Kimble,
and Milton Constransitch, is vacated. Plaintiffs,
memorandum, raised two
in their reply
objections to evidence submitted by
defendants,
Protection
Terrebonne Levee and Conservation District and Coastal
and Restoration Authority, with their opposition
memorandum to plaintiffs' motion for partial
However, summary judgment.
the trial court failed to rule on
such evidence. La. Code Civ.
the admissibility of
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.
P. Code Civ.
art. 966( D)( 2),
and a ruling on Plaintiffs' Motion for Partial
Summary Judgment,
pursuant to La.
after determination of any evidentiary issues,
Code Civ. P. art. 966( C)( 4).

PMC
JEW
WIL

OURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT
FOR THE COURT