Opinion
24-C-362
08-19-2024
LEONARD CHARLES, SR. AND JUDY CHARLES v. TRENITA CHARLES BELL IN RE TRENITA CHARLES BELL
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANK A. BRINDISI, DIVISION "E", NUMBER 832-980
Panel composed of Judges Marc E. Johnson, Scott U.Schlegel, and Timothy S. Marcel
WRIT DENIED
Defendant, Trenita Charles Bell, seeks this Court's supervisory review of the trial court's July 17, 2024 judgment denying her motion to withdraw admissions pursuant to La. C.C.P. art. 1468. For the following reasons, defendant's writ application is denied.
La. C.C.P. art. 1468 provides:
Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Article 1551 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Any admission made by a party under Articles 1466 and 1467 is for the purpose of the pending action only and is not an admission by him for any other purpose nor may it be used against him in any other proceeding.
Defendant contends that on December 7, 2023, the trial court granted plaintiffs Leonard Charles, Jr. and Judy Charles' motion to deem requests for admissions that they propounded to defendant as admitted. Defendant claims that she then filed the motion to withdraw the admissions ‒ the motion at issue in this writ application.
Rule 4-5(C)(6) requires an applicant to include a copy of the signed judgment with the writ application. In addition, Rule 4-5(C)(8) requires “a copy of each pleading on which the judgment, order, or ruling was founded, including the petition(s) in civil cases,” and Rule 4-5(C)(9) requires “a copy of any opposition and any attachments thereto filed by a party in the trial court or a statement by the applicant that no opposing written document was filed."
Defendant has failed to attach a copy of the following documents to her writ application: 1) the July 17, 2024 judgment; 2) the petition; 3) her motion to withdraw the admissions; 4) plaintiffs' requests for admissions at issue; and 5) the opposition filed by plaintiffs or a statement explaining that no opposition was filed. Without these documents, the application is incomplete and insufficient, and this Court is unable to properly consider defendant's request for relief. Accordingly, this Court declines to exercise its supervisory jurisdiction and defendant's writ application is denied.
SUS
MEJ
TSM