Opinion
2022 CW 0881
08-24-2022
DR. BRETT CASEY v. WERLIEN PROSPERIE, III, 360FUEL CORP, 360 CORP.
In Re: Werlien Prosperie, III, 360Fuel Corp., and 360 Corp., applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 190303.
BEFORE: McDONALD, McCLENDON, AND HOLDRIDGE, JJ.
WRIT GRANTED WITH ORDER. We find the trial court erred in failing to issue notice of the May 6, 2022 hearing of the plaintiff, Dr. Brett Casey's, motion for summary judgment and granting the motion for summary judgment without the proper notice to defendants, Werlien Prosperie, III, 360Fuel Corp., and 360 Corp., under La. Code Civ. P. art. 966(C)(1)(b). Holleman v. Golden Nugget Lake Charles, LLC, 2021-611 (La.App. 3d Cir. 5/25/22), 339 So.3d 731, 734-35. Accordingly, we find the trial court abused its discretion in denying the defendants' motion to annul or alternatively motion for; new trial and reverse its July 22, 2022 judgment denying this motion. The motion for new trial is granted, and the trial court's May 6, 2022 judgment granting the motion for summary judgment filed by plaintiff, Dr. Brett Casey, and the trial court's July 15, 2022 order of appeal from that judgment are vacated. We remand this matter to the trial court with instructions to conduct a properly noticed hearing under La. Code Civ. P. art. 966(C)(1)(b).
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