Cheryl Williams and Wayne Provo VS Nancy and Arthur Hebert, and XYZ Insurance Company
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT CHERYL WILLIAMS AND WAYNE N0 2013 CW 0156 PROVO VERSUS NANCY XYZ AND ARTHUR INSURANCE AND aR 2 5 Zp 3 COMPANY Nancy In Re HEBERT Hebert and State Farm Fire and Casualty 18th writs supervisory Court Parish of Iberville No for applying Company Judicial District 69870 BEFORE WRIT KUHN PETTIGREW AND McDONALD JUDGMENT GRANTED JJ VACATED The trial court specifically refused to hold a hearing on the defendants motion for summary judgment despite the submission of a rule to show cause requesting that the matter be set for hearing in compliance with Louisiana District Court Rule a 8 9 Instead the trial court issued its ruling based This was solely on the memoranda submitted by the parties a procedural defect in the summary judgment proceeding Louisiana Code of Civil Procedure article 966 requires D and render on the that the court shall hear judgment motion for judgment within a reasonable time summary added Because the motion for summary judgment Emphasis was never heard and the hearing on the motion was not waived by the parties the granting of the motion a without hearing procedurally was 0532 2011 fn We therefore November 13 improper See Rider v Ambeau La 3 App 1 Cir 2 100 So 849 12 1 3d vacate the judgment of the trial court dated 2012 and remand for a hearing on the motion the matter to the trial court for summary judgment JTP JNIId JEK COURT OF APPEAL FIRST CIRCUIT e cen POTY CLERK FOR THE OF COURT COURT I
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