Opinion
2023 CW 0576
10-26-2023
TITAN OF LOUISIANA, INC. v. STATE OF LOUISIANA, DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY DEVELOPMENT AND SHAW ENVIRONMENTAL &INFRASTRUCTURE, INC.
Aptim Government Solutions, LLC f/k/a Shaw Environmental & Infrastructure, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 620966.
BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.
WRIT DENIED. La. Code Civ. P. art. 966(D) (2) states that any objection to a document shall be raised in a timely filed opposition or reply memorandum. Contradictory hearings are not allowed to rule on objections except in the case of the qualification and methodology of an expert under La. Code Civ. P. art. 1425(F).
In this case, the trial judge should have considered the objections made and rendered a judgment immediately prior to rendering its judgment on the merits of the summary judgment. To allow hearings and rulings on objections in advance of the hearing on the motion for summary judgment and then having writs on those rulings heard by the appellate court prior to ruling on the summary judgment defeats the purpose of the summary judgment procedure that is "designed to secure the just, speedy, and inexpensive determination of every action." La. Code Civ. P. art. 966(A)(2).
GH
EW
Welch, J., concurs in the result.