Johnson — writ application not considered because required materials were missing

Case
Eldridge and Debbie Johnson & Donyelle Price on Behalf of Her Minor Son, Darrius Turner v. Blue Bayou Water Park, LLC & Dixie Landing, LLC
Court
Louisiana Court of Appeal, First Circuit
Judge
PENZATO (appointment info not available); Greene (elected 2022)
Date Decided
July 27, 2026
Docket No.
2026 CW 0548
Topics
Supervisory writs; Summary judgment; Appellate procedure
Source
Read the full opinion

Background

Arch Specialty Insurance Company sought supervisory review of proceedings in the 19th Judicial District Court for East Baton Rouge Parish. The writ application concerned a motion for summary judgment and Arch Specialty’s motion to adopt the summary-judgment motion filed by Blue Bayou Water Park, LLC and Dixie Landing, LLC.

The application did not include all evidence filed or referenced in connection with the summary-judgment motion. In particular, it omitted plaintiffs’ Exhibit F, consisting of deposition excerpts from Sam Haynes that were attached to the opposition. Arch also failed to provide a signed copy of the order on its motion to adopt the defendants’ summary-judgment motion.

The Court’s Holding

The First Circuit declined to consider the writ application because the required supporting materials were missing. The court did not reach the merits of the summary-judgment dispute.

The court stated that it would not consider supplementation of the existing application or an application for rehearing under Uniform Rules of Louisiana Courts of Appeal, Rules 2-18.7 and 4-9. Arch could instead file a new application by August 17, 2026, provided it included all pertinent documentation, complied with Rule 2-12.2, and attached a copy of the court’s ruling.

Key Takeaways

  • A supervisory-writ application must include all evidence filed or referenced in support of or opposition to the challenged motion.
  • The applicant must provide a signed copy of the relevant trial-court order.
  • The court allowed Arch to submit a complete new application by August 17, 2026, but would not permit supplementation or rehearing of the deficient application.

Why It Matters

The ruling underscores that Louisiana appellate courts may decline to review a writ application when the record is incomplete, without addressing the underlying merits. Counsel seeking supervisory review should verify that the application contains every pertinent exhibit and a signed copy of the challenged order.

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