BURNS v. UNITED BULK TERMINALS DAVANT LLC (2021)

WRIT GRANTED, IN PART, REMANDED WITH INSTRUCTIONS

In his writ application, relator/defendant, United Bulk Transport Davant, LLC, seeks review of the trial court's February 22, 2021 judgment granting the motion of respondent/plaintiff, Christopher Burns, to extend deadlines pursuant to La. R.S. 9:5830, and overruling defendant's peremptory exception of prescription. After review of the writ application, and finding that relator was not properly served with respondent's motion nor given an opportunity to file a written response prior to the hearing on the motion, we grant relator's writ application in part, vacate the trial court's judgment in its entirety, and remand the matter with instructions to the trial court to conduct a full evidentiary hearing on all matters that were pending before it at the February 9, 2021 hearing, including relator's peremptory exception of prescription and declinatory exception of venue, and plaintiff's motion to extend deadlines.

Gretna, Louisiana, this 27th day of April, 2021.