Opinion
No. 2022-C-00751
09-20-2022
SANCTUARY CAPITAL, LLC, et al., ON BEHALF OF NORTH LOUISIANA BIDCO, LLC v. Richard D. CLOUD, James Randoplh Garner, and North Louisiana BIDCO, LLC
Writ application granted. See per curiam.
Hughes, J., would deny.
Crichton, J., would deny.
PER CURIAM
Writ granted. Because James Randolph Garner died before the court of appeal rendered its decision, that decision (which affirmed the trial court's judgment in favor of the plaintiffs and against Mr. Garner) is absolutely null. Insofar as the appellate court decision concerns the claims against Mr. Garner, the appellate court decision is vacated, and this matter is remanded to the Louisiana Court of Appeal, Second Circuit for such action as the law permits, including the substitution of the legal successor of the deceased party in accordance with Rule 2-9 of the Uniform Rules-Courts of Appeal, the rendition and signing of a decision in favor of or against the properly substituted party, and the filing of a writ application with this court from such decision by any party to the action. In considering substitution issue, the court of appeal is ordered to hear and decide whether the plaintiffs’ claim against Mr. Garner to enforce inspection of books and records of North Louisiana BIDCO, LLC abated or was extinguished by his death.