2026 CW 0641 Nonprecedential Vacated Processed

Mark Browder v. Shoppers Value Foods, LLC and All Other Presently Unknown

Louisiana Court of Appeal, First Circuit · Filed August 24, 2026

Opinion text

Cys

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

MACK BROWDER NO. 2026 CW 0641
VERSUS

SHOPPERS VALUE FOODS, LLC
AND ALL OTHER PRESENTLY
UNKNOWN DEFEDANTS AUGUST 24, 2026

In Re: Shopper's Value Foods, LLC, applying for supervisory
writs, Baton Rouge City Court, Parish of East Baton
Rouge, No. 23-04116.

BEFORE : McCLENDON, C.J., HESTER AND MILLER, JJ.

WRIT GRANTED WITH ORDER. The trial court’s January 13, 2026
judgment which denied defendant’s motion for summary judgment is
vacated. Defendant, in its reply in support of its motion for
summary judgment, raised evidentiary objections to evidence
submitted by plaintiff. However, the trial court failed to rule on
the evidentiary objections. La. Code Civ. P. art. 966(D) (2)
provides the court “shall specifically state on the record or in
writing whether the court sustains or overrules the objections
raised.” Accordingly, this matter is remanded to the trial court
for compliance with La. Code Civ. P. art. 966(D) (2) and a ruling
on the motion for summary judgment filed by defendant after
determination of any evidentiary issues, pursuant to La. Civ. Code
P., art. 966(C) (4).

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VO OF APPEAL, FIRST CIRCUIT

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