Opinion
No. 2018-CC-1871
01-18-2019
Hubert ARVIE v. Arthur CULLIVAN
ON SUPERVISORY WRITS TO THE 14th JUDICIAL DISTRICT COURT FOR PARISH OF CALCASIEU
Writ denied.
JOHNSON, C.J., would grant for the reasons assigned by Justice Hughes.
HUGHES, J., would grant and assigns reasons.
Hughes, J., would grant the writ.Respectfully, the trial court denied the motion to proceed in forma pauperis without a hearing and without reasons, by merely writing "denied" on the motion.
Plaintiff is entitled to the presumption provided by La. Code Civ. P. art. 5183(B). The law is clear. It was error to deny the motion without a hearing and evidence to rebut the presumption.