Opinion
NO. 2016 CW 0885
09-22-2016
DUPLANTIS RENTALS, L.L.C. v. WILLIAM WESLEY AND ESTATE OF ELLASTINE S. WESLEY
In Re: William Wesley, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 163530. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT GRANTED IN PART WITH ORDER, DENIED IN PART. The order of the district court signed on April 21, 2016 which denied a contradictory hearing on relator's motion for disbursement of funds deposited in registry of court is reversed. La. Code Civ. P. art. 963 provides if an order applied for by written motion is one to which the mover is not clearly entitled or which requires supporting proof, the motion shall be served on and tried contradictorily with the adverse party. Accordingly, this matter is remanded to the district court for a contradictory hearing on relator's motion. In all other respects, this writ application is denied.
JMG
PMc
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT