Supreme Court of Louisiana, 2006

Meyers v. Garcia

Meyers v. Garcia
Supreme Court of Louisiana · Decided September 29, 2006
938 So. 2d 694; 2006 WL 2848578 (Southern Reporter, Second Series)

Meyers v. Garcia

Opinion of the Court

In re Garcia, Jesus Dr.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. A, Nos. 106012-A; to the Court of Appeal, Third Circuit, No. CW 06-01155.

Granted. In the absence of a court order compelling discovery, the trial court erred in imposing sanctions for failure to comply with discovery. See La.Code Civ. P. art. 1471; Helm v. Mervyn’s Department Store, 97-0547 (La.App. 4 Cir. 8/20/97), 699 So.2d 129. Accordingly, the judgment of the trial court granting plaintiffs motion in limine and striking defendant’s affirmative defenses is reversed. Case remanded to the trial court for further proceedings.

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