MIDWEST MANAGEMENT BMO HARRIS MIDWEST MANAGEMENT v. ASHLEY JO MANUEL (2024)

Aside from the merits of this tax sale case is a summary judgment procedural issue. Herein, the trial court, six days before the summary judgment hearing (and well outside the timeline for filing an opposition in a summary judgment proceeding), allowed Defendant to file an additional exhibit (her affidavit) in opposition to Plaintiff's motion for summary judgment. Upon objection by Plaintiff, the trial court offered Plaintiff a continuance. Though Plaintiff opted to proceed, Plaintiff maintained its objection to the untimely filed exhibit based upon the deadlines set forth in La.Code Civ.P. art. 966(B)(2).

Defendant claimed her untimely affidavit was admissible based on the 2023 amendment to La.Code Civ.P. art. 966(A)(4), which allows reference to previously filed documents in the record. Though Defendant's affidavit was filed in the prior summary judgment in this matter, Defendant failed to fully comply with the mandates of the 2023 amendments to La.Code Civ.P. art. 966(A)(4) by not furnishing the court and opposing party a copy of the document in question. Hence, the trial court should not have allowed/considered Defendant's untimely filed affidavit.

Louisiana Code of Civil Procedure Article 966(A)(4)(b) is mandatory and requires full compliance. I would grant this writ, reverse the trial court's denial of Plaintiff's motion for summary judgment, and remand this matter to the trial court with instructions for it to disallow the affidavit and rule on Plaintiff's motion for summary judgment without consideration of Defendant's untimely filed affidavit.

GENOVESE, J., would grant this writ for the following reasons: