Anrea Williams v. Board of Supervisors of Southern University and A&M College System ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, Fl,ST CIRCUIT
ANREA WILLIAMS NO. 2023 CW 0327
VERSUS
BOARD OF SUPERVISORS OF APRIL 13, 2023
SOUTHERN UNIVERSITY AND A&M
COLLEGE SYSTEM
In Re: Board of Supervisors of Southern University &
Agricultural & Mechanical College, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 652810.
BEFORE: McCLENDON, HOLDRIDGE, AND GREENE, JJ.
STAY DENIED. WRIT GRANTED. The portion of the trial
court's April 3, 2023 judgment converting the jury trial
scheduled for April 17, 2023 to a bench trial is reversed.
Board of Supervisors of Southern University & Agricultural &
Mechanical College ("Southern University") is statutorily exempt
from posting any bond whatsoever in any judicial proceedings
arising from activities within the scope of its duties. La.
R. S. 13: 4581; Sylve v. Kappa Alpha PSI Fraternity, 2001-2726
(La. 10/10/01), 803 So.2d 960, 961. Furthermore, Southern
University "shall not be required to post any bond, cash
deposit, or other charge whatsoever to obtain a trial by jury."
La . R . S . 13 : 51 0 5 ( E ) ; Sy 1 ve, 8 0 3 So . 2 d at 9 61.
In addition, the portion of the trial court's April 3, 2023
judgment denying the motion for summary judgment filed by
Southern University is vacated. The portion of the trial
court's April 3, 2023 judgment denying Southern University's
motion to continue trial is reversed. Louisiana Code of Civil
Procedure article 966 (C) ( 1) provides that "[u] nless otherwise
agreed to by all of the parties J' and the court ... [a]
contradictory hearing on the motion f o summary judgment shall
be set ... not less than thirty days prio . to the trial date." As
discussed, trial is scheduled in this matter for April 17, 2023,
and the trial court set Southern University's motion for summary
judgment for hearing on April 3, 2023, less than thirty days
prior to trial. Accordingly, Southern University's motion to
continue trial is granted, and this matter is remanded to the
trial court with instructions to set, notice, and conduct a
hearing on Southern University's motion for summary judgment
within the deadlines provided in La. Code Civ. P. art. 966(C).
GH
HG
Mcclendon, concurs.
J., I further note that La. Code Civ.
P. art. 966(C) (3) provides that "[t]he court shall render a
judgment on the motion not less than twenty days prior to
trial."
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT