Background
Leon Smith sued DaVita RX, LLC d/b/a DaVita East Baton Rouge Dialysis. Defendant ISD Renal, Inc. d/b/a East Baton Rouge Dialysis filed an ex parte motion to dismiss the case as abandoned under Louisiana Code of Civil Procedure article 561.
Rather than rule ex parte, the trial court set a contradictory hearing on the abandonment motion. On June 9, 2026, the trial court denied the defendant’s motion. The defendant sought supervisory review.
The Court’s Holding
The First Circuit granted the writ, vacated both the order setting a contradictory hearing and the June 9 judgment denying the abandonment motion, and remanded for further proceedings.
The court held that article 561 contains no provision for a contradictory hearing on an ex parte motion to dismiss for abandonment. Citing Hancock Bank of Louisiana v. Robinson, the court explained that a trial court must address such a motion ex parte as required by the statute.
Key Takeaways
- A motion to dismiss for abandonment under article 561 is to be handled ex parte.
- The trial court may not set a contradictory hearing merely to decide an ex parte abandonment motion.
- The trial court must rule on the defendant’s motion in accordance with article 561 on remand.
Why It Matters
The decision reinforces the procedural mechanism governing abandonment motions in Louisiana civil cases. Litigants seeking dismissal under article 561 may rely on the statute’s ex parte process, subject to the remedies and procedures the article provides.