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JOHN C. VALLUZZO AND JANETTE H. VALLUZZO v. CUSIMANO CONSTRUCTION, BILLIE A. BRIAN, INC., INC., TRINITY BUSINESS GROUP, LLC, ABC INSURANCE COMPANY, DEF INSURANCE COMPANY, AND INSURANCE COMPANY XYZ

In Re: Stutzman Sawing, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 707022.

BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.

WRIT GRANTED WITH ORDER.

We vacate the trial court's August 24, 2022 judgment, which denied the Motion for Summary Judgment filed by the third party defendant, Stutzman Sawing, LLC. The trial court failed to "state on the record or in writing the reasons for granting or denying the motion" as required by La. Code Civ. P. art. 966(C) (4) . See James as Co-Trustees of Addison Family Trust v. Strobel, 2019-0787 (La.App. 1st Cir. 6/24/20), 2020 WL 3446635 (unpublished) (recognizing La. Code Civ. P. art. 966(C) (4) as "mandatory"). Thus, this matter is remanded to the trial court for compliance with La. Code Civ. P. art. 966(C)(4).

JMG

EW

SMM

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Valluzzo v. Cusimano Constr.
(Feb 1, 2023)