STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT GULFCO OF LOUISIANA, LLC, NO. 2024 CW 0003 D/B/A TOWER LOAN OF CUT OFF VERSUS SEAN A. EYMARD, A/K/A SEAN MARCH 13, 2024 EYMARD

In Re: Gulfco of Louisiana, LLC, d/b/a Tower Loan of Cut Off, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 146655.

BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The trial court's November 30, 2023 judgment, which denied the Motion for Summary Judgment filed by plaintiff, Gulfco of Louisiana, LLC d/b/a Tower Loan of Cut Off, is vacated. Usury is an affirmative defense that must be specifically pleaded in the answer. Garcia Roofing Replacement, LLC v. McCain, 2022-0233 (La. App. 1st Cir. 9/16/22), 352 So.3d 1005, 1011 (citing La. Code Civ. P. art. 1005). A review of the defendant's answer, as well as the transcript herein, shows the defense of usury was not pleaded. Id. Consequently, usury was not properly before the trial court.

This matter is remanded to the trial court for a ruling on the plaintiff's Motion for Summary Judgment.

JMG WRC WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT