Opinion
NO. 2018 CW 0395
06-27-2018
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RFMSI 2005S7 v. WALTER C. DUMAS
In Re: Walter C. Dumas, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 610504. BEFORE: GUIDRY, PETTIGREW, McCLENDON, CRAIN AND HOLDRIDGE, JJ.
STAY DENIED; WRIT GRANTED. The trial court's January 23, 2018, judgment denying the defendant's exception raising the objection of prematurity is reversed. The defendant has not filed an answer in response to the plaintiff's petition; consequently, the motion for summary judgment is premature. See La. Code Civ. P. art. 966(A). See also Deutsche Bank Nat. Trust Co. v. Thomas, 2010-1453 (La. App. 1st Cir. 2/11/11), 57 So.3d 1185. Therefore, the exception raising the objection of prematurity filed by Walter C. Dumas is granted.
JMG
PMc
WJC
GH
Pettigrew, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT