From Casetext: Smarter Legal Research

Cadle Co. v. Linder

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Sep 18, 2019
NO. 2019 CW 0996 (La. Ct. App. Sep. 18, 2019)

Opinion

NO. 2019 CW 0996

09-18-2019

THE CADLE COMPANY, II, INC. v. ROGER D. LINDER AND GENERAL MILES BIGGS, JR. A/K/A G. MILES BIGGS, JR.


In Re: The Cadle Company, II, Inc., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2017-15112. BEFORE: WHIPPLE, C.J., GUIDRY AND CRAIN, JJ.

WRIT DENIED ON THE SHOWING MADE. Plaintiff, The Cadle Company, II, Inc., failed to meet its burden of proving that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law, as the affidavit submitted in support of the motion for summary judgment failed to accurately set forth the balance owed on the promissory note by omitting the payments received from the bankruptcy trustee on behalf of the principal obligor. In addition, plaintiff failed to produce evidence sufficient to allow the court to render an award of attorneys' fees requested by plaintiff.

JMG

Whipple, C.J., concurs and would deny on the showing made.

Crain, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

Cadle Co. v. Linder

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Sep 18, 2019
NO. 2019 CW 0996 (La. Ct. App. Sep. 18, 2019)
Case details for

Cadle Co. v. Linder

Case Details

Full title:THE CADLE COMPANY, II, INC. v. ROGER D. LINDER AND GENERAL MILES BIGGS…

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Sep 18, 2019

Citations

NO. 2019 CW 0996 (La. Ct. App. Sep. 18, 2019)