Mickey Adams and Donna Adams v. Berkley Insurance Company, Total Waste Solutions Inc, LLC, Grand Isle Shipyard, LLC and Antonual G. Brown ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MICKEY ADAMS AND DONNA ADAMS NO. 2023 CW 0870
VERSUS
BERKLEY INSURANCE COMPANY,
TOTAL WASTE SOLUTIONS, LLC,
GRAND ISLE SHIPYARD, LLC AND SEPTEMBER 21, 2023
ANTONUAL G. BROWN
In Re: Key Risk Insurance Company; Total Waste Solutions,
LLC; and Antonual G. Brown, applying for supervisory
writs, 17th Judicial District Court, Parish of
Lafourche, No. 142079.
BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.
WRIT GRANTED. Notice of the hearing on plaintiffs' motion
for summary judgment was served on defendants less than thirty
days prior to the hearing in violation of the mandatory
requirement of La. Code Civ. P. art. 966(C) (1) (b). Therefore,
the trial court was procedurally barred from acting on the
motion for summary judgment. See Acadian Properties Northshore,
L.L.C. v. Fitzmorris, 2017-0424 (La. App. 1st Cir. 11/1/17), 234
So. 3d 927, 934. Accordingly, the district court's September 5,
2023 ruling that denied defendants' exception of insufficiency
of service is reversed, the exception of insufficiency of
service is granted, and the district court's ruling that granted
plaintiffs' motion for partial summary judgment is vacated.
JMG
WRC
WIL
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT