2024CW0990 Nonprecedential Processed

Guttery Enterprises, Inc., Frederick Guttery, and Martin & Miller Properties, LLC v. Copart of Louisiana, Inc. and Copart Catastrophe Reponse Fleet, LLC

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

Opinion text

GLITTERY ENTERPRISES, INC., NO. 2024 CW 0990
FREDERICK GUTTERY, AND
MARTIN & MILLER PROPERTIES,
LLC

VERSUS

COPART OF LOUISIANA, INC.
AND COPART CATASTROPHE
RESPONSE FLEET, LLC

In Re: Copart of Louisiana, Inc., applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 700657.

BEFORE: WELCH, THERIOT, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The portion of the district court' s
August 30,
2024 judgment denying as moot the exceptions of no cause
and no right of action
filed by defendant, Copart of Louisiana,
Inc., is vacated. The plaintiffs'
motion to voluntarily dismiss
was only filed as to one defendant, Copart Catastrophe Response
Fleet, LLC;
accordingly,
the district court' s grant of that motion
did not dismiss Copart of Louisiana, Inc. Therefore, the district
court erred in finding the exceptions moot as to Copart of
Louisiana, Inc.
Accordingly, this matter is remanded for the
district court to consider the exceptions filed by Copart of
Louisiana, Inc.

JEW
MRT
WIL

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT
FOR THE COURT