Opinion
NO. 2016 CW 1543
04-06-2017
GUSTAVE J. LABARRE, ET AL v. OCCIDENTAL CHEMICAL CORPORATION, ET AL
In Re: Texas Brine Company, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 33796. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED.
PMc
VGW
Guidry, J., dissents. I read the Case Management Order, confected by the parties, to provide for the prevailing party to prepare and circulate a proposed judgment when one is required. La. C.C.P. art. 1914(B), provides for the ruling to be reduced to writing if the court so orders or if a party requests that a judgment be reduced to writing within ten days of rendition of the ruling in open court. Without an order of the court that the ruling be reduced to writing or that a party requested that a ruling be reduced to writing within ten days, the provisions of the Case Management Order are not triggered. There is no evidence that the court ordered the ruling be reduced to writing or that any party requested, within ten days that it be reduced to writing. Therefore, I would not consider the writ, as in my opinion it is untimely. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT