STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT TITAN OF LOUISIANA, INC. NO. 2021 CW 002.

VERSUS

STATE OF LOUISIANA, DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY DEVELOPMENT, AND SHAW ENVIRONMENTAL & MARCH 02, 2021 INFRASTRUCTURE, INC.

In Re: Aptim Government Solutions, LLC f/ k/ a Shaw Environmental & Infrastructure, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 620966.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The trial court' s December 9, 2020 judgment that denied the motion for summary judgment filed by the defendant, Aptim Government Solutions, LLC f/ k/ a Shaw Environmental & Infrastructure, LLC, 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 shallspecifically 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 trial 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)( b)( 4).

JMG PMC WIL

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK OF COURT FOR THE COURT