Opinion
2024 CW 0990
12-23-2024
GUTTERY ENTERPRISES, INC., FREDERICK GUTTERY, AND MARTIN &MILLER PROPERTIES, LLC v. COPART OF LOUISIANA, INC. AND COPART CATASTROPHE RESPONSE FLEET, LLC
In Re: Copart of Louisiana, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 700657.
BEFORE: WELCH, THERIOT, AND LANIER, JJ.
WRIT GRANTED WITH ORDER. The portion of the district court's August 30, 2024 judgment denying as moot the exceptions of no cause and no right of action filed by defendant, Copart of Louisiana, Inc., is vacated. The plaintiffs' motion to voluntarily dismiss was only filed as to one defendant, Copart Catastrophe Response Fleet, LLC; accordingly, the district court's grant of that motion did not dismiss Copart of Louisiana, Inc. Therefore, the district court erred in finding the exceptions moot as to Copart of Louisiana, Inc. Accordingly, this matter is remanded for the district court to consider the exceptions filed by Copart of Louisiana, Inc.
JEW
MRT
WIL