STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JOHN C. VALLUZZO AND JANETTE NO. 2022 CW 1257 H. VALLUZZO VERSUS CUSIMANO CONSTRUCTION, INC., BILLIE A. BRIAN, INC., TRINITY BUSINESS GROUP, LLC, ABC INSURANCE COMPANY, DEF FEBRUARY 1, 2023 INSURANCE COMPANY, AND XYZ INSURANCE COMPANY

In Re: Stutzman Sawing, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 707022.

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

WRIT GRANTED WITH ORDER. We vacate the trial court's August 24, 2022 judgment, which denied the Motion for Summary Judgment filed by the third party defendant, Stutzman Sawing, LLC. The trial court failed to "state on the record or in writing the reasons for granting or denying the motion" as required by La. Code Civ. P. art. 966(C) (4). See James as Co- Trustees of Addison Family Trust v. Strobel, 2019-0787 (La. App. 1st Cir. 6/24/20), 2020 WL 3446635 (unpublished) (recognizing La. Code Civ. P. art. 966(C) (4) as "mandatory"). Thus, this matter is remanded to the trial court for compliance with La. Code Civ. P. art. 966 (C) (4).

JMG EW SMM

COURT OF APPEAL, FIRST CIRCUIT

O\.~ DEPUTY CLERK OF COURT FOR THE COURT