Hamp's Construction, LLC v. State of Louisiana, Department of Transportation and Development ( 2023 )

Office Of The Clerk
Court of Appeal, First Circuit
State of Louisiana
www.la-fcca.org
Rodd Naquin Post Office Box 4408
Clerk of Court Baton Rouge, LA
70821-4408
Notice of Judgment and Disposition (225) 382-3000
February 01, 2023
Docket Number: 2022 - CW - 0928
Hamp's Construction, LLC
versus
State of Louisiana, Department of Transportation and
Development
TO: Kirk A. Bergeron Jonathan S. Giepert
1201 Capital Access Rd., RrT 3501 N. Causeway Blvd., Sui
P.O. Box 94245 Metairie, LA 70002
Baton Rouge, LA
70804-9245
Amanda D. Hogue John I. Hulse IV
Conroy Law Firm
3501 N. Causeway Boulevarc jih@conroylawfirm.com
Suite 500
Metairie, LA 70002
ahogue@conroylawfirm.com
Mitchell A. Palmer Hon. Trudy White
Thornhill & Collings, L.C. 300 North Blvd
1308 Ninth Street Suite 6201
Slidell, LA 70458 Baton Rouge, LA 70802
mitchell@rboweslaw.com
In accordance with Local Rule 6 of the Court of Appeal, First Circuit, I hereby certify that this notice of judgment and
disposition and the attached disposition were transmitted this date to the trial judge or equivalent, all counsel of record,
and all parties not represented by counsel.
RODD NAQUIN
CLERK OF COURT
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
HAMP'S CONSTRUCTION, LLC NO. 2022 CW 0928
VERSUS
STATE OF LOUISIANA, FEBRUARY 1, 2023
DEPARTMENT OF TRANSPORTATION
AND DEVELOPMENT
In Re: Hamp's Construction, LLC, applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 639857.
BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.
WRIT GRANTED. A motion in limine is a device to test the
admissibility of evidence prior to trial as an extension of the
trial court's gatekeeper function for which great deference is
afforded. It is not intended to resolve issues of law, such as
the contractual and statutory interpretations at issue.
Succession of Shaw v. Alexandria Inv. Grp., LLC, 2017-582 (La.
App. 3d Cir. 7/26/17), 248 So.3d 332. The scope of a motion in
limine was exceeded in this case. Here, for the trial court to
find that the scope of admissible evidence of damages is limited
to the costs recoverable under the provisions of Section 108.11
of the contract necessarily required findings from the trial
court that exceed the court's gatekeeper function. Such
findings exceed the purpose and limits of a motion in limine.
Moreover, the effective result of the trial court's findings
essentially dismissed plaintiff's detrimental reliance claims
without a disposi ti ve motion. As such, the trial court's June
27, 2022 judgment which granted defendant's, Louisiana
Department of Transportation and Development's, motions in
limine are reversed and the motions in limine are denied.
JMG
EW
SMM
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT