Opinion
2022 CW 0787
10-27-2022
SHARI MIOT AND ALLEN PETRASEK, JR., INDIVIDUALLY AND ON BEHALF OF THEIR DECEASED FATHER, ALLEN PETRASEK v. PODIATRY INSURANCE COMPANY OF AMERICA AND WAYBRUN J. HEBERT, III, M.D.
In Re: Dr. Waybrun Hebert, III and Podiatry Insurance Company of America, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 190839.
BEFORE: MCDONALD, McCLENDON, AND HOLDRIDGE, JJ.
WRIT GRANTED WITH ORDER. The district court's May 9, 2022 judgment which granted the motion for partial summary judgment filed by plaintiffs is vacated. In the reply memorandum filed by the plaintiffs with the district court, plaintiffs objected to the affidavit of defendant, Waybrun Hebert, III. According to the transcript of the hearing on this motion, the district court did not rule on the admissibility of the affidavit of defendant and took the matter under advisement. The district court's May 9, 2022 judgment is silent as to a ruling by the district court on the admissibility of defendant's affidavit. La. Code Civ. P. art. 966(D) (2) provides that the court shall specifically state on the record or in writing which documents, if any, it held to be inadmissible or declined to consider. See also James as Co-Trustees of Addison Family Trust v. Strobel, 2019-0787 (La.App. 1st Cir. 6/24/20), 2020 WL 3446635 (unpublished). Therefore, this matter is remanded to the district court with instructions to rule on the admissibility of the affidavit of Waybrun Hebert, III in accordance with La. Code Civ. P. art. 966(D) (2) and to rule on the motion for partial summary judgment after consideration of this evidentiary issue.
JMM
PMc
Holdridge, J., concurs.