Richard A. Whitney, Ryan Whitney and The Ra Whitney Trusts v. Clearview Cable LLC

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

RICHARD A. WHITNEY, RYAN NO. 2025 CW 0842
WHITNEY, AND THE RA WHITNEY

TRUSTS

VERSUS

CLEARVIEW CABLE LLC D/B/A
CLEARVIEW SOLAR; SHANE
RICHARDSON; BRAD HUGHES;
TOBY DUBOIS; JNT LOUISIANA,
LLC; AND WT CONSTRUCTION,
INC.

NOVEMBER 17, 2025

In Re: Brad Hughes and Shane Richardson, applying for
supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, No. 738081.

BEFORE : MILLER, EDWARDS, AND FIELDS, JJ.
WRIT DENIED.

BDE
WEF

Miller, J3., dissents and would grant the writ. I find the
district court erred in overruling the evidentiary objection of
defendants, Shane Richardson and Brad Hughes, to the affidavit of
Richard Whitney and the attachments thereto. The affidavit did not
contain sufficient information to determine that the affidavit was
based on personal knowledge and to authenticate the attached
documents. In addition, the deposition excerpts submitted by

plaintiff with his reply memorandum were inadmissible. No
additional documents may be filed with the reply memorandum. La.
Code Civ. P. art. 966(B) (3). Upon exclusion of this evidence, I

would reverse the July 16, 2025 judgment of the district court and
deny the motion for partial summary judgment filed by plaintiff,
Richard Whitney, in his capacity as Trustee of the RA Whitney Inter
Vivos Trusts.

COURT OF APPEAL, FIRST CIRCUIT

Pare CLERK OF COURT
FOR THE COURT