CamSoft Data Systems, Inc. v. Southern Electronics Supply, Inc. and Active Solutions, LLC

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CAMSOFT DATA SYSTEMS, INC. NO. 2022 CW 0321

VERSUS

SOUTHERN ELECTRONICS SUPPLY, INC. AND ACTIVE SOLUTIONS, LLC JULY 5, 2022

In Re: MMR Group, Inc., MMR Offshore Services, Inc. and MMR Constructors, Inc. d/ b/ a MMR Communications, applying for supervisory writs, 19th Judicial District Court,

Parish of East Baton Rouge, No. 582741.

BEFORE: MCCLENDON, WELCH, AND HESTER, JJ.

WRIT GRANTED WITH ORDER. The district court' s March 10,

2022 judgment, declining to modify its prior April 2, 2019 judgment, which therein denied a Joint Motion in Limine filed by defendants/ respondents, MMR Group, Inc., MMR Offshores Services, Inc., and MMR Constructors Inc. d/ b/ a MMR Communications, is vacated. In this court' s prior opinion, the district court' s

April 2, 2019 and April 3, 2019 judgments were vacated in their

entirety, with express instructions that the district court

comply with Louisiana Code of Civil Procedure article 1425( F)( 3) and ( 4). CamSoft Data Systems, Inc. v. Southern Electronics

Supply, Inc., 2019- 0741 ( La. App. 1st Cir. 7/ 2/ 19), 2019 WL

2865255 ( unpublished). A vacated judgment is of no force or

effect; thus, when a judgment is vacated, the parties return to

the same positions they held before the judgment was rendered.

Kott v. Kott, 2020- 0873 ( La. App. lst Cir. 4/ 16/ 21), 324 So. 3d 165, 175, citing, Reggio v. Reggio, 2014- 493 ( La. App. 5th Cir. 12/ 16/ 14), 166 So. 3d 290, 295, writ denied, 2015- 0099 ( La.

4/ 2/ 15), 163 So. 3d 798. As the district court has failed to

comply with this court' s instructions, the matter is remanded

with instructions for compliance with La. Code Civ. P. art.

1425( F)( 3) and ( 4) regarding the admissibility of the expert

opinions of Chetan Sharma, Stephen Dell, and Michael Kaplan.

JEW CHH

McClendon, J., concurs.

DEPUTY CLERK OF COURT FOR THE COURT