STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT IKIE MILLER NO. 2023 CW 0477 VERSUS KESHAV HOSPITALITY, INC. MAY 19, 2023 0/B/A SLEEP IN SOUTH

In Re: Keshav Hospitality, Inc. d/b/ a Sleep In South, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 668,281.

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

WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 La. 1981) ( per curiam), are not met.

JMG SMM

Wolfe, J., dissents and finds the motion filed on March 17, 2023 is timely pursuant to La. Code Civ. P. art. 966(B) ( 1).

Therefore, I would remand the matter for consideration of the merits of the motion for summary judgment.

COURT OF APPEAL, FIRST CIRCUIT

1=~ FOR THE COURT