STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT TONI FLAD ROSSI NO. 2023 CW 0705 VERSUS ANTHONY ROSSI AUGUST 14, 2023

In Re: Toni Flad Rossi, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2016-11187.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

WRIT DENIED. The criteria set forth in Berlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 ( La. 1981) ( per curiam) are not met. However, we note that unless otherwise agreed to by the parties, the report of a licensed mental health professional prepared pursuant to La. R. S. 9: 331 (B) is not admissible unless the licensed mental health professional is present at trial for cross- examination. See Barker v. Barker, 2014-0775 ( La. App. 1st Cir. 11/7/14), 167 So.3d 703, 705; Evans v. Evans, 2017-0627 ( La. App. 4th Cir. 5/16/18), 247 So.3d 120, 124.

PMc CHH SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT