JESUS ALBERTO FONSECA NO. 2024 CW 0966 BONILLA

VERSUS

BROOKLYN N. ECCLES NOVEMBER 19, 2024

In Re: Brooklyn N. Eccles, applying for supervisory writs, Family Court in and for the Parish of East Baton Rouge, No. 225473.

BEFORE: McCLENDON, WELCH, AND LANIER, 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.

McClendon, J., concurs in part and dissents in part. The district court granted this motion in part when the court ordered Brooklyn Eccles to respond only to numbers four and five of the requests. Pursuant to ' La. Code Civ. P. art. 1469( 4) when a motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner. I find the district court should have considered that it partially granted the motion to compel when it awarded Jesus Alberto Fonseca Bonilla attorney' s fees and costs in the amount of $ 2, 949. 29. Therefore, I would vacate that portion of the judgment and remand this matter to the district court to consider the award of reasonable expenses in accordance with La. Code Civ. P. art. 1469( 4) In all other respects, I concur with denial of the writ.

URT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT FOR THE COURT