Opinion
2024 CW 0414
07-01-2024
CODY SHOLMIRE v. LOUISIANA INSURANCE GUARANTY ASSOCIATION
Louisiana Insurance Guaranty Association, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 178787.
BEFORE: THERIOT, PENZATO, AND LANIER, JJ.
WRIT GRANTED.
The district court's March 12, 2024 judgment ordering the defendant, Louisiana Insurance Guaranty Association, to deposit $156,906.68 into the registry of the court is vacated. The district court erred in granting relief not requested by the motion to enforce payment of appraisal award filed by plaintiff, Cody Sholmire. Moreover, no evidence was admitted at the hearing on this motion. "Evidence not properly and officially offered and introduced cannot be considered, even if it is physically placed in the record. Documents attached to memoranda do not constitute evidence and cannot be considered as such on appeal." Denoux v. Vessel Management Services, Inc., 2007-2143 (La. 5/21/08), 983 So.2d 84, 88. See also La. Code Civ. P. art. 963(B) ("If the order applied for by written motion is one to which the mover is not clearly entitled, or which requires supporting proof, the motion shall be served on and tried contradictorily with the adverse party.")
MRT
AHP
WIL