Meyers v. Garcia

In re Garcia, Jesus Dr.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. A, Nos. 106012-A; to the Court of Appeal, Third Circuit, No. CW 06-01155. Granted. In the absence of a court order compelling discovery, the trial court erred in imposing sanctions for failure to comply with discovery. See La.Code Civ. P. art. 1471; Helm v. Mervyn’s Department Store, 97-0547 (La.App. 4 Cir. 8/20/97) , 699 So.2d 129 . Accordingly, the judgment of the trial court granting plaintiffs motion in limine and striking defendant’s affirmative defenses is reversed. Case remanded to the trial court for further proceedings.