Opinion
NO. 2019 CW 0830
10-29-2019
In Re: Adrienne Derouen Gaunt, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2018-13894. BEFORE: McDONALD, HIGGINBOTHAM, AND LANIER, JJ.
WRIT GRANTED WITH ORDER. The district court's April 8, 2019 judgment denying the Motion to Dismiss filed by Defendant, Adrienne Derouen Gaunt, is vacated. A request for involuntary dismissal for failure to request service within the time prescribed by La. Code Civ. P. art. 1201(C) requires a contradictory motion pursuant to La. Code Civ. P. art. 1672(C). This matter is hereby remanded to the district court with instruction to conduct a contradictory hearing as mandated by La. Code Civ. P. art. 1672(C).
JMM
TMH
WIL
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT