STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT TITAN OF LOUISIANA, INC. NO. 2021 CW 0643 VERSUS

STATE OF LOUISIANA, DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY DEVELOPMENT AND SHAW ENVIRONMENTAL & OCTOBER 5, 2021 INFRASTRUCTURE, INC.

In Re: State of Louisiana, Division of Administration, Office of Community Development, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 620966.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT GRANTED WITH ORDER. The trial court' s December 9, 2020 judgment that denied the motion for judgment filed summary by the defendant, State of Louisiana, Division of Administration, Office of Community Development, is vacated. The defendant raised objections to the evidence submitted by the plaintiff, Titan of Louisiana, Inc. However, the trial court failed to rule on the admissibility of such evidence with regard to the affidavit of Thomas Gozdzialski. La. Code Civ. P. art. 966( D)( 2) provides that the court shall specifically state on the record or in writing which documents, if it held to be any, inadmissible or declined to consider. This matter is remanded to the trial court for compliance with Tia. Code Civ. P. art. 966( D)( 2), and a ruling on the motion for summary judgment filed by the defendant after determination of any evidentiary issues, pursuant to La. Code Civ. P. art. 966( C)( b)( 4).

VGW AHP CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTYCL RK OF COURT FOR THE COURT