Bell v. La. State Police & W. Baton Rouge Parish Sheriff's Office

Full title: GERALD BELL SR. AND LULAROSE S. BELL v. LOUISIANA STATE POLICE AND WEST…

Court: STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Sep 24, 2013

NO. 2013 CW 0863 (La. Ct. App. Sep. 24, 2013)

Opinion

NO. 2013 CW 0863

2013-09-24

GERALD BELL SR. AND LULAROSE S. BELL v. LOUISIANA STATE POLICE AND WEST BATON ROUGE PARISH SHERIFF'S OFFICE

Whipple

In Re: Mike Gazes, Sheriff of West Baton Rouge Parish, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 37,264.

BEFORE: WHIPPLE, C.J., PARRO, GUIDRY, CRAIN AND DRAKE, JJ.

WRIT GRANTED. The trial court's judgment dated.March 28, 2013, is hereby REVERSED, and the motion to dismiss filed by defendant, Mike Cazes, Sheriff of West Baton Rouge Parish, is hereby granted. Because plaintiffs' discovery responses were not "served on all parties" as required by La. Code Civ. P. art. 5 61, they did not constitute a step in the prosecution of this action.

RHP

JMG

WJC

Whipple, C.J., and Drake, J., dissent and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT ___________________

DEPUTY CLERK OF COURT

FOR THE COURT