Buggage v. Volks Constructors
Cases that cite this one
63 later published cases cite this decision. The 25 that cite it most often are listed here.
- Mahoney v. East Carroll Parish Police Jury (La. Ct. App. 2012)
- Guillory v. Chapman (La. Ct. App. 2010)
- Grayson v. Northeast Louisiana Kidney Specialists (La. Ct. App. 2016)
- Smith v. Rapides Healthcare System, L.L.C. (La. Ct. App. 2014)
- Ultra Pure Water Technologies, Inc. v. Standex International Corp. (La. Ct. App. 2012)
- Hubbard v. North Monroe Medical Center (La. Ct. App. 2007)
- Welkin Smith, Indiv. v. Rapides Healthcare System, L.L.C. (La. Ct. App. 2014)
- Byron D. Poirrier, Junior v. Lannie Denoux and Bernice Denoux, and insurer, Centauri Specialty Insurance Company (La. Ct. App. 2020)
- Weddborn v. Doe (La. Ct. App. 2016)
- Estate of Lelia Marie Shelvin v. Michael J. Neustrom, Lafayette Parish Sheriff (La. Ct. App. 2015)
- Finch v. HRI Lodging, Inc. (La. Ct. App. 2014)
- Ultra Pure Water Technologies, Inc. v. Standex International Corp. D/B/A Master-Bilt (La. Ct. App. 2012)
- James Const. v. State Ex Rel. Dotd (La. Ct. App. 2007)
- James Construction Group, L.L.C. v. State ex rel. Department of Transportation & Development (La. Ct. App. 2007)
- Thuy Tran, Wife of/and Thai Bui; Quan Hoang, on Behalf of His Minor Children, Brandon Hoang and Ryan Hoang v. Karen Collins, Allstate Insurance Company and Orleans Parish School Board (La. Ct. App. 2021)
- Washington v. Gallo Mechanical Contractors, LLC (La. Ct. App. 2017)
- Tolliver v. Broussard (La. Ct. App. 2014)
- Page v. Benson (La. Ct. App. 2012)
- Oubre v. Louisiana Citizens Fair Plan (La. 2011)
- Richard J. Guillory, Sr. v. Dr. Michael Chapman (La. Ct. App. 2010)
- Strickland v. AMERIQUEST MORTGAGE COMPANY (La. Ct. App. 2009)
- Stonetrust Commercial Insurance Company v. Wayne Dennis Stevenson (La. Ct. App. 2022)
- Geneva Hawthorne v. Tulane Medical Center, Dr. Jessica Debord, Dr. Anish J. Patel (La. Ct. App. 2022)
- Algieonne Stagg v. Huey Segura, Jr. (La. Ct. App. 2022)
- Gaudin & Gaudin, a Professional Law Corporation Versus Iberiabank Corporation (La. Ct. App. 2020)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Edward BUGGAGE
v.
VOLKS CONSTRUCTORS, A Division of AKM, LLC., ABC and XYZ Insurance Companies and John Fridge.
Supreme Court of Louisiana.
PER CURIAM.
Writ granted. The ruling of the court of appeal is reversed. The trial court's ruling granting the motion for summary judgment filed by Volks Constructors, Inc., is reinstated.
The court of appeal erred as a matter of law in considering a late-filed opposition to the motion for summary judgment, which consisted of a memorandum and a purported affidavit of plaintiff, in its de novo review of the merits of the summary judgment motion. The opposition had been disallowed by the trial court, which acted within its discretion in excluding an opposition filed a few minutes before the scheduled hearing on the motion.
The time limitation established by La. C.C.P. art. 966(B) for the serving of affidavits in opposition to a motion for summary judgment is mandatory; affidavits not timely filed can be ruled inadmissible and properly excluded by the trial court. See American Bank & Trust Company v. International Development Corporation, Inc., 506 So.2d 1234, 1235-36 (La.App. 1 Cir. 1987). Given the facts and circumstances of this case, we find no abuse of discretion by the trial court in excluding the opposition, and thus no error in granting the motion for summary judgment in favor of the defendant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.