Toni Flad Rossi v. Anthony Rossi ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
TONI FLAD ROSSI NO. 2023 CW 0705
VERSUS
ANTHONY ROSSI AUGUST 14, 2023
In Re: Toni Flad Rossi, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
2016-11187.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT DENIED. The criteria set forth in Berlitz
Construction Co., Inc. v. Hotel Investors of New Iberia, Inc.,
396 So.2d 878 ( La. 1981) ( per curiam) are not met. However, we
note that unless otherwise agreed to by the parties, the report
of a licensed mental health professional prepared pursuant to
La. R. S. 9: 331 (B) is not admissible unless the licensed mental
health professional is present at trial for cross-
examination. See Barker v. Barker, 2014-0775 ( La. App. 1st Cir.
11/7/14), 167 So.3d 703, 705; Evans v. Evans, 2017-0627 ( La.
App. 4th Cir. 5/16/18), 247 So.3d 120, 124.
PMc
CHH
SMM
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT