KATHLEEN POWELL, JEREMY NO. 2024 CW 0929 PHILLIPS, BRANDI PHILLIPS, DONALD DAWSON, BARBARA DAWSON, MICHAEL MONTALBANO, EVELYN MONTALBANO, MITCHELL KIMBALL, AND KATHERINE KIMBALL VERSUS

STATE OF LOUISIANA THROUGH THE TERREBONNE LEVEE AND CONSERVATION DISTRICT, TERREBONNE PARISH CONSOLIDATED GOVERNMENT, AND COASTAL PROTECTION AND RESTORATION AUTHORITY DECEMBER 23, 2024

In Re: Kathleen Powell, Jeremy Phillips, Brandi Phillips, Donald Dawson, Barbara Dawson, Michael Montalbano, Evelyn Montalbano, Mitchell Kimble, Katherine Kimble, and Milton Constransitch, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 190344.

BEFORE: MCCLENDON, WELCH, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The portion of the trial court' s August 27, 2024 judgment which denied the Motion for Partial Summary Judgment filed by plaintiffs, Kathleen Powell, Jeremy Phillips, Brandi Phillips, Donald Dawson, Barbara Dawson, Michael Montalbano, Evelyn Montalbano, Mitchell Kimble, Katherine Kimble, and Milton Constransitch, is vacated. Plaintiffs, memorandum, raised two in their reply objections to evidence submitted by defendants, Protection Terrebonne Levee and Conservation District and Coastal and Restoration Authority, with their opposition memorandum to plaintiffs' motion for partial However, summary judgment. the trial court failed to rule on such evidence. La. Code Civ. the admissibility of P. art. 966( D)( 2) provides that the court shall specifically state on the record or in writing whether the court sustains or overrules the objections raised. This matter is remanded to the trial court for compliance with La. P. Code Civ. art. 966( D)( 2), and a ruling on Plaintiffs' Motion for Partial Summary Judgment, pursuant to La. after determination of any evidentiary issues, Code Civ. P. art. 966( C)( 4).

PMC JEW WIL

OURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT FOR THE COURT