Outdoor Powerhouse, LLC v. Brown & Brown of Louisiana, LLC d/b/a Brown & Brown of Baton Rouge, Katy Cavin and Laurie Bonner ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
OUTDOOR POWERHOUSE, LLC NO. 2023 CW 0823
VERSUS
BROWN & BROWN OF LOUISIANA,
LLC D/B/A BROWN & BROWN OF
BATON ROUGE AND KATIE CAVIN NOVEMBER 7, 2023
AND LAURIE BONNER
In Re: Outdoor Powerhouse, LLC, applying for supervisory
writs, 21st Judicial District Court, Parish of
Livingston, No. 153838.
BEFORE: GUIDRY, C.J., WELCH, HOLDRIDGE, WOLFE AND MILLER, JJ.
WRIT GRANTED. The district court's May 10, 2023 judgment
granting the motion in limine filed by defendant, Brown & Brown
of Louisiana, LLC d/b/a Brown & Brown of Baton Rouge, and
limiting inventory damages to $67,445.87 due to flood should the
jury find defendant failed to procure flood coverage is
reversed. Defendant failed to meet its burden of proof on the
motion in limine, as no evidence was formally introduced at the
hearing. "Evidence not properly and officially offered and
introduced cannot be considered, even if it is physically placed
in the record. Documents attached to memoranda do not
constitute evidence and cannot be considered as such on appeal."
Denoux v. Vessel Management Services, Inc., 2007-2143 (La.
5/21/08), 983 So.2d 84, 88. Accordingly, the motion in limine
is denied.
JMG
JEW
GH
Miller, J., concurs.
Wolfe, J., dissents and would deny the writ. 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.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT