JOHNNY COVINGTON v. CLARK SAND CO INC ET AL (2023)

Writ application denied. See per curiam.

PDG

JLW

JDH

SJC

JTG

WJC

JBM

Crain, J., concurs.

Supreme Court of Louisiana June 26, 2023

06/26/23

Empire Abrasive Equipment Company, L.P. (“Empire”) filed a writ application seeking review of the denial of its motion for summary judgment. We ordered briefing in this matter pursuant to La. Code Civ. P. art. 966(H). Both parties filed briefs pursuant to that order.¹

Having reviewed the briefs, we find Empire's original application to this court did not include a complete discussion of the evidence produced by plaintiff in opposition to Empire's motion for summary judgment. Based on the information provided in plaintiff's brief, we conclude the evidence submitted by plaintiff in opposition to Empire's motion for summary judgment is sufficient to raise genuine issues of material fact.

Accordingly, the writ is denied.

FOOTNOTES

1.   Along with his brief, plaintiff filed a motion to exceed page limits. That motion is granted.

PER CURIAM