STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT GINA B. CALAHAN NO. 2021 CW 0505

VERSUS

LIBERTY MUTUAL INSURANCE COMPANY AND KEITH BROUSSARD D/ B/ A KEITH BROUSSARD JULY 06, 2021 PAINTING

In Re: Keith Broussard D/ B/ A Keith Broussard Painting, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 698110.

BEFORE: CHUTZ, PENZATO, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The trial court' s March 31, 2021 judgment, granting the Motion for Partial Summary Judgment filed by plaintiff, Gina B. Calahan, is vacated. The defendant, Keith Broussard d/ b/ a Keith Broussard Painting, has not filed an answer in response to the plaintiff' s petition; consequently, the motion for summary judgment is premature. See La. Code Civ. P. art. 966( A)( 1); see also Deutsche Bank National Trust Co. v. Thomas, 2010- 1453 ( La. App. 1st Cir. 2/ 11/ 11), 57 So. 3d 1185.

The matter is remanded to the trial court for further proceedings.

WRC AHP WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT FOR THE COURT