STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

B.H. NO. 2022 CW 0982 VERSUS ST. TAMMANY PARISH SCHOOL DECEMBER 28, 2022 BOARD AND SAMUEL PATRICK MCCARTY In Re: B.H., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2015-10509.

BEFORE : WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.

WRIT GRANTED. We find the trial court abused its discretion in denying plaintiff leave to file a fifth supplemental and amending petition. Amendment of pleadings should be liberally allowed provided that the movant is acting in good faith, the amendment is not sought as a delaying tactic, the opponent will not be unduly prejudiced, and trial on the issues will not be unduly delayed. Palowsky v. Cork, 2019-0148 (La. App. lst Cir. 5/20/20), 304 So.3d 867, 875. We conclude those four factors are satisfied in this case and the ruling at issue creates a possibility of resulting injustice. Accordingly, the trial court’s August 4, 2022 judgment is reversed and we hereby grant plaintiff, B.H., leave to file the fifth supplemental and amending petition.

VGW CQURT OF APPEAL, FIRST CIRCUIT N.Sel) DEPUTY CLERK OF COURT FOR THE COURT