Gulf Island Shipyards, LLC v. Hornbeck Offshore Services, LLC ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
GULF ISLAND SHIPYARDS, LLC NO. 2023 CW 0107
VERSUS
HORNBECK OFFSHORE SERVICES, MARCH 2, 2023
LLC
In Re: Gulf Island Shipyards, LLC, applying for supervisory
writs, 22nd Judicial District Court, Parish of St.
Tammany, No. 201814866.
BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.
STAY DENIED; WRIT GRANTED. We reverse the portion of the
trial court's January 31, 2023 judgment granting the motions for
partial summary judgment on termination of the Vessel
Construction Agreements filed by defendant, Hornbeck Offshores
Services, LLC. We find that defendant, Hornbeck Offshore
Services, LLC, has not pointed out to the court the absence of
factual support for one or more elements essential to the claim
of plaintiff, Gulf Island Shipyards, LLC. We find there are a
number of factual issues precluding the grant of these motions
for partial summary judgment. Any doubt as to a dispute
regarding a material issue of fact must be resolved against
granting a motion for summary judgment and in favor of a trial
on the merits. King v. Town of Clarks, 2021-01897 (La.
2/22/22), 345 So.3d 422, 423. We therefore reverse the trial
court's January 31, 2023 judgment granting the motions for
partial summary judgment and deny the motions for partial
summary judgment on termination of the Vessel Construction
Agreements filed by defendant, Hornbeck Offshore Services, LLC.
MRT
WRC
CHH
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT