Opinion
NO. 2017 CW 0717
10-02-2017
CAMILLE F. MARIONNEAUX DAIGLE, INDIVIDUALLY, AND AS THE NATURAL TUTRIX AND DOMICILIARY PARENT OF HER MINOR SON, CLAYTON MARIONNEAUX v. FIRST STUDENT, INC., ET AL.
In Re: First Student, Inc. and Nation Union Fire Insurance Company of Pittsburgh, PA, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 42383. BEFORE: HIGGINBOTHAM, HOLDRIDGE AND PENZATO, JJ.
WRIT DENIED. It is noted, however, that the trial court did not have the discretion to admit into evidence the late-filed opposition, addendum, and attachments filed by the plaintiff, Canaille F. Marionneaux Daigle, individually, and as the natural tutrix and domiciliary parent of her minor son, Clayton Marionneaux, the day before the hearing on the defendants' motion for summary judgment. Louisiana Code of Civil Procedure article 966(B)(2) requires that an opposition be filed and served no less than fifteen days prior to the hearing on the motion. The trial judge's discretion was limited to continuing the hearing on the motion for summary judgment in order for the filing of the plaintiff's opposition to comply with Article 966(B)(2).
TMH
GH
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT