STATE OF LOUISIANA

IN RE: REBECCA SHAUN FRANZ NO. 2025 CW 0228 MCCASLAND PINO AND MIGUEL SEBASTIAN PINO ZAPATA APPLYING FOR INTRAFAMILY ADOPTION OF LIAM SEBASTIAN PINO

MARCH 12, 2025

In Re: Trinity Cheyenne Sanders, for applying supervisory writs, Juvenile Court Judicial District Court, Parish of East Baton Rouge, No. 11560.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

STAY DENIED; WRIT DENIED. The decision of a trial court to deny a motion for involuntary dismissal at the close of a plaintiff' s case is purely discretionary. Louisiana Code of Civil Procedure article 1672( B) affords the trial court discretion to render or to decline to render any judgment until the close of all evidence. Escobar v. Cajun Operating Co., 2016- 0558 ( La. lst App. Cir. 12/ 22/ 16), 209 So. 3d 198, 200. Moreover, relator has the opportunity to produce evidence in her case upon resumption of the trial.

SMM HG

Wolfe, J., concurs. 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.

URT OF APPEAL, FIRST CIRCUIT

D JUTY CLERK OF COURT FOR THE COURT