Bayview Loan Servicing, L.L.C. v. Sedric Morris Wilson & Sevetri Monique Wilson ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
BAYVIEW LOAN SERVICING, LLC NO. 2022 CW 1226
VERSUS
SEDRIC MORRIS WILSON AND FEBRUARY 27, 2023
SEVETRI MONIQUE WILSON
In Re: Sedric Morris Wilson, applying for supervisory writs,
21st Judicial District Court, Parish of Tangipahoa,
No. 20200002076.
BEFORE: McCLENDON, HOLDRIDGE, CHUTZ, HESTER, AND GREENE, JJ.
WRIT GRANTED. The denial of the motion to withdraw matters
deemed admitted filed by defendant, Sedric Morris Wilson, is
reversed. Regarding discovery admissions, " technical
considerations" should not " prevail to the detriment of
substantial justice." Voisin v. Luke, 191 So.2d 503, 507 ( La.
1966). We find plaintiff, Bayview Loan Servicing, LLC, failed
to show it would be prejudiced by the withdrawal; further, we
find that a presentation of the merits will be subserved if a
withdrawal is denied. See La. Code Civ. P. art. 14 68.
Accordingly, the motion to withdraw matters deemed admitted is
granted.
PMc
GH
WRC
CHH
Greene, J., dissents and would deny th~ writ application.
Requests for admission are " admitted unless, within thirty days
after service of the request, or within such shorter or longer
time as the court may allow, the party to whom the request is
directed serves upon the party requesting the admission a
written answer or objection addressed to the matter." La. Code
Civ. P. art. 1467. Further, any matter admitted is
conclusively established" unless the trial court permits
withdrawal, which it "may permit ... when the presentation of the
merits of the action will be subserved thereby and the party who
obtained the admission fails to satisfyl the court that
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withdrawal or amendment will prejudice him. " 1
La. Code Civ. P.
art. 14 68 ( emphasis added) . A trial court has broad discretion
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in discovery matters, and such discretion wil l not be disturbed
on appeal absent a clear showing of abuse. Bell v. Treasure
Chest Casino, L.L.C., 2006-1538 ( La. 2/22/07), 950 So.2d 654,
656. Here, the district court exercised reasonable discretion
and found a withdrawal was not warranted.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT