STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JASON JONES AND STEPHANIE NO. 2021 CW 0342 JONES, INDIVIDUALLY AND 0/ B/ O CALEB JONES

VERSUS

STATE OF LOUISIANA, THROUGH MAY 24, 2021 DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, ET AL

In Re: State of Louisiana, through the Department of Transportation and Development ( DOTD), applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 43264.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

WRIT GRANTED WITH ORDER. The district court' s February 26, 2021 ruling denying the motion for summary judgment filed by Defendant, State of Louisiana through the Department of Transportation and Development, is vacated. The parties each raised timely objections to evidence submitted in support of and opposition to the motion for summary judgment. However, the district court failed to rule on the admissibility of such evidence. La. Code Civ. P. art. 966( D)( 2) provides that the court shall specifically state on the record or in writing which documents, if any, it held to be inadmissible or declined to consider. This matter is remanded to the district court for compliance with La. 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)( 4).

MRT EW CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT