Opinion
NO. 2016 CW 1599
03-20-2017
BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND A&M COLLEGE v. JOHNNY J. CHAVIS
In Re: Board of Supervisors of Louisiana State University and A&M College, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 637463. BEFORE: HIGGINBOTHAM, THERIOT, AND CHUTZ, JJ.
WRIT DENIED.
MRT
WRC
Higginbotham, J., dissents and would grant the writ. Plaintiff/relator Board of Supervisors of Louisiana State University and A&M College timely filed its opposition and supporting exhibits in response to defendant/respondent Johnny J. Chavis' motion for summary judgment, yet, by two days, it untimely served its opposition exhibits to Chavis. However, nearly all of LSU's opposition exhibits were identical to those submitted by Chavis or already in Chavis' possession. Accordingly, the trial court abused its discretion in striking exhibits 1 - 23 of LSU's summary judgment opposition. See La. Code Civ. P. art. 966(B)(2), Comments - 2016(e). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT