Opinion
NO. 2016 CW 0565
07-11-2016
WILLIAM RAY DUNOMES v. TRINITY MARINE PRODUCTS, INC.
In Re: William Ray Dunomes, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2014-13171. BEFORE: McDONALD, McCLENDON AND WELCH, JJ.
WRIT DENIED.
JMM
McClendon, J., concurs finding that the criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.
Welch, J., dissents and would grant the writ. The district court abused its discretion in denying the motion to continue the summary judgment as Plaintiff demonstrated good cause for same and should have been allowed additional time for the requested depositions. La. Code Civ. P. Arts. 966(C)(2) & 967(C). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT