BIANCHINI FREY LLC v. FREY IV (2021)

Writ application granted. See per curiam.

We find there are questions of fact regarding the intent of the parties, which makes summary judgment inappropriate at this time. See Penalber v. Blount, 550 So.2d 577 (La. 1989) (explaining that summary judgment “is rarely appropriate for a determination based on subjective facts such as intent, motive, malice, knowledge or good faith.”).

Accordingly, the writ is granted. The judgment of the district court granting partial summary judgment in favor of plaintiff is reversed, and the case is remanded to the district court for further proceedings.

Weimer, C.J., dissents.