Boyd J. Hebert, III and Caroline D. Hebert v. Richard A. Thalheim, Jr. and Carolyn H. Thalheim ( 2020 )

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BOYD J. HEBERT, III AND NO. 2020 CW 0650 CAROLINE D. HEBERT VERSUS RICHARD A. THALHEIM, JR. AND JULY 28, 2020 CAROLYN H. THALHEIM In Re: Richard A. Thalheim, Jr. and Carolyn H. Thalheim, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 140020. BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ. STAY DENIED; WRIT GRANTED IN PART WITH ORDER AND DENIED IN PART. The trial court' s July 14, 2020 order which denied the motion to continue trial filed by defendants, Richard A. Thalheim, Jr. and Carolyn H. Thalheim, is vacated. Despite defendants' request for a hearing on their motion to continue, the trial court denied the motion ex parte without a hearing. La. Code Civ. P. art. 963 provides that if the order applied for by written motion is one to which the mover is not clearly entitled, or which requires supporting proof, the motion shall be served on and tried contradictorily with the adverse party. This matter is remanded to the trial court with instructions to conduct a contradictory hearing on defendants' motion to continue the trial. The writ application is denied as to the denial of the motion for summary judgment filed by defendants, Richard A. Thalheim, Jr. and Carolyn H. Thalheim. TMH AHP WIL COURT OF APPEAL, FIRST CIRCUIT DEPUTY CLERK OF COURT FOR THE COURT