Blount Bros. Construction, LLC v. State of Louisiana Department of Transportation and Development, Fidelity & Deposit Company of Maryland, Zurich American Insurance Company, Janice Williams and Mike Vosburg
Blount Bros. Construction, LLC v. State of Louisiana Department of Transportation and Development, Fidelity & Deposit Company of Maryland, Zurich American Insurance Company, Janice Williams and Mike Vosburg, No. 2024CW0944 (La. Ct. App. 1st Cir. Jan. 13, 2025).
Opinion text
BLOUNT BROS. CONSTRUCTION, NO. 2024 CW 0944
LLC
VERSUS
STATE OF LOUISIANA --
DEPARTMENT OF TRANSPORTATION
AND DEVELOPMENT, FIDELITY &
DEPOSIT COMPANY OF MARYLAND,
ZURICH AMERICAN INSURANCE
COMPANY, JANICE WILLIAMS AND
MIKE VOSBURG
JANUARY 13, 2025
In Re: Blount Bros. Construction, LLC, Blount Holdings, Inc.,
Blount Bros. Construction, Inc., KHCD Properties, LLC,
Aggregate Properties, LLC and C.
for
Denzil Blount applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 662319.
BEFORE: THERIOT, HESTER, AND EDWARDS, JJ.
WRIT GRANTED. La. Code Civ. P. art. 966( A)( 4)( b) permits a
party seeking summary judgment to specifically reference documents
previously filed into the record, but requires movant to list with
the motion the document by title and date of
filing and
concurrently with the filing of the motion furnish the court and
opposing party with a copy of the entire document with the
pertinent part designated and the filing information. On de novo
review, we find it undisputed that movant failed to comply with
that requirement. Consequently,
judgment evidence before
there was no admissible summary
the trial court to support the motion.
See Bonano v. Docar Sales, Inc., 2024- 0195 ( La. 1st
App. Cir.
10/ 22/ 24), So. 3d 2024 WL
r 4541269. Accordingly, that
portion of the trial court' s July 30, 2024
judgment granting the
motion for partial summary judgment filed by Fidelity and Deposit
Company of Maryland is reversed,
judgment is denied.
and the motion for partial summary
MRT
CHH
BDE
COURT OF APPEAL, FIRST CIRCUIT
TY CLERK OF COURT
FOR THE COURT