DONALD TANNER DANA FRANCIS INDIVIDUALLY AND ON BEHALF OF THEIR SON DONALD TANNER JR v. JAMES HOLLIS SAFEWAY TRANSPORTATION RLC TRUCKING AND PLAZA INSURANCE COMPANY (2024)

I agree with the decision to deny this writ. In my view, the trial judge did not abuse his vast discretion in finding good cause and granting plaintiffs’ motion to continue. La. C.C.P. art. 966(C)(2) (“For good cause shown, the court may order a continuance of the hearing.”). This Court recently stated: “[T]he long-held tenet that good cause does not exist when a continuance is granted solely to allow the consideration of untimely filed pleadings or other summary judgment evidence remains.” Mahe v. LCMC Health Holdings LLC, 23-0025 (La. 3/14/23), 357 So.3d 322 (emphasis added). See also Auricchio v. Harriston, 20-1167 (La. 10/10/21), 332 So. 3d 660 (recognizing the trial judge may continue hearing for “good cause” under article 966(C)(2)). Here, the trial judge weighed and balanced several factors, ultimately determining that the motion to continue was not a mere pretext to obtain an extension to file untimely pleadings. Thus, under these circumstances, I agree with the decision to deny this writ.

CRICHTON, J., additionally concurs and assigns reasons.