Opinion
2021-CC-00724
10-12-2021
BIANCHINI-FREY, LLC AND KEVIN J. BIANCHINI, PH.D. v. FRED CHARLES FREY, IV, PH.D.
Fred Charles Frey, IV, Ph.D. - Applicant Defendant; FCFIV, LLC -Applicant Defendant; Applying For Supervisory Writ, Parish of Jefferson, 24th Judicial District Court Number(s) 783-815, Court of Appeal, Fifth Circuit, Number(s) 20-C-479;
Writ application granted. See per curiam.
PDG
JDH
SJC
JTG
WJC
JBM
Weimer, C.J., dissents.
On Supervisory Writ to the 24th Judicial District Court, Parish of Jefferson
PER CURIAM
We find there are questions of fact regarding the intent of the parties, which makes summary judgment inappropriate at this time. See Penalber v. Blount, 550 So.2d 577 (La. 1989) (explaining that summary judgment "is rarely appropriate for a determination based on subjective facts such as intent, motive, malice, knowledge or good faith.").
Accordingly, the writ is granted. The judgment of the district court granting partial summary judgment in favor of plaintiff is reversed, and the case is remanded to the district court for further proceedings.