Lakeshore Estates Homeowner's Association, Inc. v. Malcolm H. Sutter and Kathryn A. Sutter

04

LAKESHORE ESTATES HOMEOWNER' S NO. 2024 CW 1053
ASSOCIATION, INC.

VERSUS

MALCOLM SUTTER AND KATHRYN A.
SUTTER

CONSOLIDATED WITH

MALCOLM SUTTER

VERSUS

EUGENE HOTARD, PATRICK TRAINOR,
CHEREE SENS, BOBBY JUGE, MICHAEL
APPLETON, GREGORY WALTERS, BRIAN
DUPUY, SUSAN FINK, RODNEY DURST,
RENAISSANCE REALTY SERVICES, LLC,

AND LAKESHORE ESTATES HOMEOWNERS FEBRUARY 10, 2025
ASSOCIATION, INC.

In Re: Malcolm Sutter, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
201914072 c/ w 202111520.

BEFORE: PENZATO, STROMBERG, AND CALLOWAY,' JJ.

STAY DENIED; WRIT GRANTED WITH ORDER. The portion of the trial
court' s June 27, 2024 judgment which denied the Motion for Summary
Judgment filed by plaintiff, Malcolm Sutter, is vacated.

Defendants, Eugene Hotard, Patrick Trainor, Cheree Sens, Bobby
Juge, Michael Appleton, Gregory Walters, Brian Dupuy, Susan Fink,
Rodney Durst, Renaissance Realty Services, LLC and Lakeshore
Estates Homeowner' s Association, Inc., in their opposition

memorandum raised multiple to
objections evidence submitted by
plaintiff.
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 Plaintiff' s Motion for Summary
Judgment,
after determination of any evidentiary issues, pursuant
to La. Code Civ. P. art. 966( C)( 4).

ARP

TPS
CAC

C-*
qURT OF AL, FIRST CIRCUIT

P UTY
P CLERK OF COURT
FOR THE COURT

1
Calloway, J., serving as judge pro tempore of the Court of Appeal,
First Circuit, by special appointment of the Louisiana Supreme Court.