Aucoinv.Bayou Lafourche Fresh Water Dist.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUITJun 10, 2019
NO. 2019 CW 0475 (La. Ct. App. Jun. 10, 2019)

NO. 2019 CW 0475

06-10-2019

CARROLL J. AUCOIN, JR., TONIE A. AUCOIN AND AUCOIN HOMESTEAD, L.L.C. v. BAYOU LAFOURCHE FRESH WATER DISTRICT, LOUISIANA COASTAL PROTECTION AND RESTORATION AUTHORITY, CH2M HILL, INC. AND F. MILLER CONSTRUCTION, LLC


In Re: Louisiana Coastal Protection and Restoration Authority, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 33837. BEFORE: WHIPPLE, C.J., GUIDRY AND McDONALD, JJ.

WRIT GRANTED WITH ORDER. The trial court's March 15, 2019 judgment that denied the motion for summary judgment filed by defendant, the Louisiana Coastal Protection and Restoration Authority, is vacated. Plaintiffs raised objections to the evidence submitted by the defendant. However, the trial court failed to rule on the admissibility of such evidence. La. Code Civ. P. art. 966(D)(2) provides that the court shall specifically state on the record or in writing which documents, if any, it held to be inadmissible or declined to consider. This matter is remanded to the trial court for compliance with La. Code Civ. P. art. 966(D)(2), a ruling on the motion for summary judgment filed by defendant after determination of any evidentiary issues, pursuant to La. Code Civ. P. art. 966(C)(b)(4).

VGW

JMG

JMM

COURT OF APPEAL, FIRST CIRCUIT /s/_________


DEPUTY CLERK OF COURT


FOR THE COURT