Leon Smith v. Davita RX, LLC d_b_a Davita East Baton Rouge Dialysis

COURT OF APPEAL, FIRST CIRCUIT

LEON SMITH NO. 2026 CW 0963

VERSUS

DAVITA RX, LLC D/ B/ A DAVITA SEPTEMBER 18, 2026
EAST BATON ROUGE DIALYSIS

In Re: ISD Renal, Inc. d/ b/ a East Baton Rouge Dialysis,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 709477.

BEFORE: PENZATO, IER, AND FIELDS, JJ.

WRIT GRANTED.,
The trial court' s order setting a contradictory
hearing on the ex parte motion for abandonment filed by defendant,
ISD Renal, Inc. d/ b/ a East Baton Rouge Dialysis, and the trial
court' s June 9, 2026 judgment denying defendant' s motion, are

vacated. Louisiana Code of Civil Procedure article 561 contains no
provision to set a contradictory hearing on an ex parte motion to
dismiss for abandonment. See Hancock Bank of Louisiana v. Robinson,
2020- 0791 ( La. Apr). 1st Cir. 3/ 11/ 21), 322 So. 3d 307 ( finding that
it is improper for the trial court to set a motion to dismiss on
the basis of abandonment for contradictory hearing instead of

signing an order of dismissal ex parte as
required by La. Code
Civ. P. 561) . this matter is
art.
Accordingly, remanded to the
trial court with instructions to rule on defendant' s motion in
accordance with La. Code Civ. P. art. 561.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLARK' OF COURT
FOR THE COURT