Randy Owens and Charlotte Owens, Husband and Wife v. K & K Insurance Group, Inc. and Slidell Bantam Baseball Association

Summary

The Louisiana First Circuit granted in part and denied in part a supervisory writ application arising from a summary judgment proceeding. The court reversed rulings overruling evidentiary objections to portions of an affidavit and to a sur-reply, but otherwise upheld the denial of defendants' motion for summary judgment.

Holdings

1. Louisiana Code of Civil Procedure article 966 does not provide for the filing of a sur-reply; defendants' objection to the sur-reply was therefore sustained.
2. Affidavit portions that are not based on the affiant's personal knowledge or that contain inadmissible hearsay should not be considered in deciding a motion for summary judgment.
3. Excluding the challenged affidavit evidence did not establish error in the denial of defendants' motion for summary judgment.

Questions Presented

1. Whether Louisiana Code of Civil Procedure article 966 permits the filing of a sur-reply in connection with a motion for summary judgment.
2. Whether portions of Rebecca Barnette's affidavit that were not based on personal knowledge and contained inadmissible hearsay could be considered in deciding the motion for summary judgment.
3. Whether the denial of defendants' motion for summary judgment was erroneous after excluding the challenged affidavit evidence.

Disposition

writ_granted