Steven Brett Dykes and April Varnadoe Dykes v. Marjolein Bibi Bronswijk Wolke and Joseph Meindert Wolke, Terminix International Inc., River City Termite & Pest Control, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STEVEN BRETT DYKES AND APRIL NO. 2020 CW 1258 VARNADOE DYKES

VERSUS

MARJOLEIN BIBI BRONSWIJK JUNE 3, 2021 WOLKE AND JOSEPH HERMANN

MEINDERT WOLKE, TERMINIX

INTERNATIONAL INC., RIVER

CITY TERMITE & PEST CONTROL,

INC.

In Re: Marjolein Bibi Bronswijk Woike and Joseph Hermann Meindert Wolke, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 682635.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT GRANTED. We reverse the judgment of the trial court that denied the motion for summary judgment filed by Marjorie Bibi Bronswijk Wolke and Joseph Hermann Mendert Wolke seeking dismissal from this litigation. The Wolkes have successfully pointed out that Steven Brett Dykes and April Varnadoc- Dykes lack factual support to prove essential elements of their claim, namely fraud or bad faith. Concluding there exist no genuine issues as to material fact and that the Wolkes are entitled to judgment as a matter of law, we grant their motion for summary judgment. The claims of Steven Brett Dykes and April Varnadoe Dykes against Marjorie Bibi Bronswijk Wolke and Joseph Hermann Mendert Wolke in this litigation are dismissed with prejudice.

VGW

JEW

WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK F COURT

FOR THE COURT