Opinion
2023 CW 0477
05-19-2023
IKIE MILLER v. KESHAV HOSPITALITY, INC. D/B/A SLEEP IN SOUTH
In Re: Keshav Hospitality, Inc. d/b/ a Sleep In South, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 668,281.
BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.
WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 La. 1981) (per curiam), are not met.
JMG
SMM
Wolfe, J., dissents and finds the motion filed on March 17, 2023 is timely pursuant to La. Code Civ. P. art. 966(B) (1). Therefore, I would remand the matter for consideration of the merits of the motion for summary judgment.