STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT AXIALL CORPORATION, EAGLE NO. 2021 CW 1314 SPINCO, INC. AND EAGLE US 2, LLC

VERSUS IAN 2 5 2022!

SIEMENS INDUSTRY, INC.

Siemens Inc., for In Re: Industry, applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 647, 240.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED.

JMG WRC

Holdridge, J., concurs. Under La. Code Civ. P. art. 561, a motion to dismiss an action based on abandonment is an ex parte motion with a supporting affidavit. In this case, the trial court appeared to not follow the correct procedure and set the matter for a contradictory hearing. Under Article 561, the court should either sign the judgment of dismissal ( that would allow the opposing party to file a motion to set aside the dismissal) or deny the motion.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C ERK OF COURT FOR THE COURT