Williams v. A Day to Remember Invitations, L.L.C.
Williams v. A Day to Remember Invitations, L.L.C., 956 So. 2d 30 (La. Ct. App. 1st Cir. 2007).
Cited by
- Jean Catherine Dragna Versus Terrytown Cafe, Inc. and Atlantic Casualty Insurance Company La. Ct. App. 5th Cir. 2022
- Jean Catherine Dragna Versus Terrytown Cafe, Inc. and Atlantic Casualty Insurance Company La. Ct. App. 5th Cir. 2022
- Pamela Parquet, as Curatrix for Derron Micah Parquet Versus Louisiana Homecare of Lutcher, L.L.C. … La. Ct. App. 5th Cir. 2022
- Gaudin & Gaudin, a Professional Law Corporation Versus Iberiabank Corporation La. Ct. App. 5th Cir. 2020
- Donna Turner and Paul Turner Versus Bosley Medical Institute, Inc. and Dr. Frank Campisi La. Ct. App. 5th Cir. 2019
- Deselle Milton-Gustain and Donell Gustain Versus The Salvage Store, Inc. and Covington Specialty Insurance … La. Ct. App. 5th Cir. 2019
- Benjamin v. Ochsner Hosp. 274 So. 3d 862 La. Ct. App. 1st Cir. 2019
- Crump v. Lake Bruin Recreation and Water Conservation District 267 So. 3d 1229 La. Ct. App. 2d Cir. 2019
- Dean v. State Farm Mutual Automobile Insurance Co. 217 So. 3d 611 La. Ct. App. 2d Cir. 2017
- Pouncy v. Winn-Dixie Louisiana, Inc. 178 So. 3d 603 La. Ct. App. 1st Cir. 2015
Opinion text
WICKER, J., dissents. |-i While I do not quarrel with the recitation of facts and law in the majority opinion, I dissent from the final decision. In my view the grant of summary judgment is premature. While I am mindful of the discretion afforded the trial court in its rulings on discovery issues and grants of continuances, I believe in the matter before us plaintiff deserved additional time for discovery to refute defendant’s assertions. Plaintiff argued that she did not receive the motion for summary judgment until April 25, 2006 and the matter was set for hearing on May 9, 2006. She also relied *35 on a defense motion for protective order restricting depositions. Accordingly, plaintiff asserts she was not able to depose defendant’s affiants who attested to the fact that the facility was fully prepared to host the event as scheduled. Given the facts and the unusual circumstances presented by Hurricanes Katrina and Rita, I believe the plaintiff should have been granted a continuance for additional discovery. Therefore, I would reverse the grant of summary judgment and allow plaintiff additional time for depositions to resolve material issues of fact.