Fred Oswald v. Randall C. "Randy" Smith, Individually and in His Capacity as The Sheriff of St. Tammany Parish ( 2019 )

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT FRED OSWALD NO. 2019 CW 1118 VERSUS RANDALL C. " RANDY" SMITH, INDIVIDUALLY AND IN HIS CAPACITY AS THE SHERIFF OF DEC 18 2019 ST. TAMMANY PARISH In Re: Randall C. " Randy" Smith in his as the capacity Sheriff of St. Tammany Parish, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2018- 10044. BEFORE: WHIPPLE, C. J., McCLENDON, WELCH, HOLDRIDGE AND CHUTZ, JJ. WRIT GRANTED WITH ORDER. The trial court' s August 15, 2019 judgment that denied the motion for judgment filed summary by the defendant, Randall Smith, is vacated. The defendant raised objections to the evidence submitted by the plaintiff, Fred Oswald. However, the trial court failed to rule on the admissibility of such evidence with regard to the plaintiff' s Exhibits D and 0. La. Code Civ. P. art. 966( D) ( 2) provides that the court shall specifically state on the record or in writing which documents, if any, it held to be inadmissible or declined to consider. This matter is remanded to the trial court for compliance with La. Code Civ. P. art. 966( D)( 2), and a ruling on the motion for judgment filed the defendant summary by after determination ofany evidentiary issues, pursuant to La. Code Civ. P. art. 966( C)( b)( 4). VGW PMC GH WRC Welch, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT 4``,? 4tkL; DEPUTY C ak E K OF COURT FOR THE COURT