Opinion
NO. 2015 CW 0835
09-18-2015
LOUISIANA PUBLIC SERVICE COMMISSION, AND IN THEIR CAPACITIES AS COMMISSIONERS LAMBERT C. BOISSIERE, III, JAMES M. FIELD, FOSTER L. CAMPBELL, ERIC SKRMETTA, AND CLYDE C. HOLLOWAY v. LOUISIANA STATE LEGISLATURE
In Re: The Louisiana Public Service Commission, Department of Public Service, and in their official capacities as commissioners, Lambert C. Boissiere, III, Eric F. Skrmetta, and Clyde C. Holloway, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 592231. BEFORE: GUIDRY, HIGGINBOTHAM, THERIOT, HOLDRIDGE AND CHUTZ, JJ.
WRIT GRANTED. The district court's April 23, 2015 judgment granting the Motion for Leave to Amend Petition for Declaratory Judgment on Behalf of Class filed by James M. Field, Lambert C. Boissiere, III, and Dennis Kelley, in their individual capacities is hereby reversed and the motion is denied. The motion improperly granted class certification and was filed in part by a non-party. See La. Code Civ. P. arts. 592 and 1151.
WRC
JMG
MRT
Higginbotham and Holdridge, JJ., dissent in part and concur in part. We find that the district court did not abuse its discretion in granting the Motion for Leave to Amend Petition for Declaratory Judgment on Behalf of Class filed by James M. Field, Lambert C. Boissiere, III, and Dennis Kelley, in their individual capacities, to the extent that granting the Motion for Leave to Amend only allowed petitioners to amend the petition. The trial court has vast discretion in determining whether to refuse or allow the amendment to the pleadings and its determination will not be disturbed on appeal absent an abuse of discretion. See e.g., Wadick v. General Heating & Air Conditioning, LLC, 2014-0187 (La. App. 4th Cir. 7/23/14), 145 So. 3d 586; Prewitt v. Rodrigues, 2004-1195 (La. App. 3d Cir. 2/2/05), 893 So.2d 927. We concur with the ruling of the majority to clarify that the April 23, 2015 judgment did not certify a class and that a determination as to whether to certify a class can be made only after a contradictory hearing in accordance with La. Code Civ. P. art. 592. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT