Opinion
NO. 2017 CW 1322
07-20-2018
RANDY PEARCE v. KRISTIN PEARCE CONSOLIDATED WITH RANDY M. PEARCE v. KRISTIN HUNTER PEARCE
In Re: Randy M. Pearce, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2013-15158 c/w 2015-13544. BEFORE: McDONALD, McCLENDON AND HOLDRIDGE, JJ.
WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.
JMM
PMc
Holdridge, J., concurs. I concur in the result. Under La. Code Civ. P. art. 969, a motion for summary judgment shall not be granted in any action in which the property rights of a husband and wife (or two spouses) may be involved. Similarly, a special master lacks the ability to hear a motion for summary judgment. See La. Code Civ. P. art. 966(C)(1), which requires a contradictory hearing before a court of competent jurisdiction in a summary judgment proceeding. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT