Arvie v. Cullivan

261 So. 3d 771

Opinion

Hughes, J., would grant the writ.

*772Respectfully, the trial court denied the motion to proceed in forma pauperis without a hearing and without reasons, by merely writing "denied" on the motion.

Plaintiff is entitled to the presumption provided by La. Code Civ. P. art. 5183(B). The law is clear. It was error to deny the motion without a hearing and evidence to rebut the presumption.