Opinion
NO. 2018 CW 1103
12-10-2018
CHASITY SUMMER MAY, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD, CHRISTOPHER SETH DENISON v. BOND-WROTEN EYE CLINIC, INC.
In Re: Bond-Wroten Eye Clinic, Inc., applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2013-000318. BEFORE: McDONALD, CRAIN, AND HOLDRIDGE, JJ.
WRIT DENIED.
JMM
WJC
Holdridge, J., concurs and notes the trial court did not follow the procedure set forth in La. Code Civ. P. art. 561 when it set this matter for a contradictory hearing instead of entering a formal order of dismissal as mandated by the article. La. Code Civ. P. art. 561 states that the court shall enter the ex parte order of dismissal if all the requirements are met, and then the opposing party has thirty days to file a motion to set aside the dismissal. The proper procedure set forth in La. Code Civ. P. art. 561 was not followed in this case. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT