STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CALVIN J. COOKS AND LASHANA COOKS, NO. 2019 CW 0688 INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, R. W., J. W., C. C., PAGE 1 OF 2 AND D. C.

VERSUS

VARICK TAYLOR, SR., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A THIBODAUX CITY COUNCILMAN, VARICK TAYLOR, JR., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A THIBODAUX POLICE OFFICER, TOMMY ESCHETE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS MAYOR OF THIBODAUX, JAMEY FONTENOT, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A THIBODAUX POLICE OFFICER AND AS CHIEF OF ST. JOHN VOLUNTEER FIRE DEPARTMENT, RICKY ROSS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS THIBODAUX POLICE OFFICER, SCOTT SILVERII, INDIVIDUALLY AND IN HIS OFFICIAL SEP 3 0 2019 CAPACITY AS CHIEF OF THE THIBODAUX POLICE, SHONTELL CLARK, AA DOE TIRE SLASHER, BB DOE, AND CC DOE

In Re: Tommy Eschete and Scott Silverii, for applying supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 121812.

BEFORE: McDONALD, THERIOT, AND GHUTZ, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The trial court abused its discretion in refusing to admit the affidavit of Tommy Eschete attached to the Motion for Judgment Summary of Tommy Eschete and Scott Silverii as Exhibit F, where the plaintiff made no written objection to this affidavit. La. Code Civ. P. art. 966( D)( 2). The trial court abused its discretion in refusing to admit the affidavit of Scott Silverii attached to the Motion for Judgment Summary as Exhibit G, where the statements contained therein are not offered herein for the truth of the matter asserted. The trial court abused its discretion in refusing to admit Paragraphs 1- 4 of the affidavit of Ricky Ross attached to the Motion for Summary Judgment as Exhibit H and the statement Williams of Brandy attached to Ricky Ross' s affidavit as RR# 1, where Ricky Ross took and had personal knowledge of the statement of Brandy Williams which is not offered herein for the truth of the matter asserted. The trial court abused its discretion in refusing to admit the affidavit of Bradley Trosclair attached to the Motion for Summary Judgment as Exhibit I and Investigative Report, CID 069- 11 attached to Bradley Trosclair' s affidavit as BT# 1, where Bradley Trosclair prepared and has personal knowledge of the report which is not offered herein for the truth of the matter asserted. The trial court abused its discretion in admitting the evidence attached to the opposition to the Motion for STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT NO. 2019 CW 0688

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Summary Judgment of Calvin Cooks as Exhibit G, where the unauthenticated documents do not fall within the exclusive list of documents that may be filed with a motion for summary judgment, as set forth in La. Code Civ. P. art. 966( A)( 4).

Accordingly, the trial court' s judgment, refusing to admit into evidence Exhibits F, G, H, to the Motion for Summaryand I Judgment and admitting into evidence Exhibit G to the opposition to the Motion for Summary Judgment, is reversed. Exhibits F, G, H, and I to the Motion for Summary Judgment are admitted for purposes of this Motion for Summary Judgment, and Exhibit G to the opposition to the Motion for Summary Judgment is not admitted for purposes of this Motion for Judgment.

Summary In all other respects, the writ is denied, and the trial court' s judgment rendered in open court on March 20, 2019 and signed on March 22, 2019 denying the Motion for Summary Judgment filed by Tommy Eschete and Scott Silverii is maintained.

imm MRT WRC

COURT OF APPEAL, FIRST CIRCUIT

EPUTY C ERIK OF COURT FOR THE COURT