Bayview Loan Servicing, L.L.C. v. Sedric Morris Wilson & Sevetri Monique Wilson

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

BAYVIEW LOAN SERVICING, LLC NO. 2022 CW 1226

VERSUS

SEDRIC MORRIS WILSON AND FEBRUARY 27, 2023 SEVETRI MONIQUE WILSON

In Re: Sedric Morris Wilson, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20200002076.

BEFORE: McCLENDON, HOLDRIDGE, CHUTZ, HESTER, AND GREENE, JJ.

WRIT GRANTED. The denial of the motion to withdraw matters deemed admitted filed by defendant, Sedric Morris Wilson, is reversed. Regarding discovery admissions, " technical considerations" should not " prevail to the detriment of substantial justice." Voisin v. Luke, 191 So.2d 503, 507 ( La. 1966). We find plaintiff, Bayview Loan Servicing, LLC, failed to show it would be prejudiced by the withdrawal; further, we find that a presentation of the merits will be subserved if a withdrawal is denied. See La. Code Civ. P. art. 14 68. Accordingly, the motion to withdraw matters deemed admitted is granted. PMc GH WRC CHH

Greene, J., dissents and would deny th~ writ application. Requests for admission are " admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter." La. Code Civ. P. art. 1467. Further, any matter admitted is conclusively established" unless the trial court permits withdrawal, which it "may permit ... when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfyl the court that 1

withdrawal or amendment will prejudice him. " 1

La. Code Civ. P. art. 14 68 ( emphasis added) . A trial court has broad discretion 1

in discovery matters, and such discretion wil l not be disturbed on appeal absent a clear showing of abuse. Bell v. Treasure Chest Casino, L.L.C., 2006-1538 ( La. 2/22/07), 950 So.2d 654, 656. Here, the district court exercised reasonable discretion and found a withdrawal was not warranted.

DEPUTY CLERK OF COURT FOR THE COURT