LAW OFFICES OF ROBERT LEHMAN PROFESSIONAL LAW CORPORATION LAW OFFICES OF ROBERT LEHMAN LLC ROBERT LEHMAN INDIVIDUALLY v. SHAWN ROGERS ROGERS LAW FIRM LLC ROGERS LAW FIRM NORMAN MANTON JR LOUISIANA CITIZENS PROPERTY INSURANCE COMPANY (2023)

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

In this case, the trial court granted the defendants’ motion for summary judgment and dismissed all of the plaintiffs’ claims. The appellate court reversed in part, amended in part, and affirmed as amended.

As to the part of the court of appeal's decision reversing the trial court's grant of the defendants’ motion for summary judgment, the court of appeal improperly relied on incompetent summary judgment evidence. The court of appeal considered the verified first amended petition and the verified second amended petition, neither of which were submitted as exhibits. The court many consider only those documents filed in support of or in opposition to the motion for summary judgment. La. C.C.P. art. 966(D)(2). Neither the trial court nor the appellate court can consider documents not submitted as exhibits.

I would grant the writ, reverse the appellate court, and remand this matter to the appellate court for consideration and review of the trial court's ruling on the summary judgment without consideration of the exhibits not submitted herein.