Girod Reo, LLC v. William G. Clark, R.D. Wayne Development Co., LLC, Reginald D. Wayne and CIC Development Co., LLC

• Court: Louisiana Court of Appeal
• Decided: July 11, 2025
• Docket: 2025 CW 0380
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

GIROD REO, LLC NO. 2025 CW 0380 VERSUS

EDENBORNE DEVELOPMENT Co, LLC, LYON TOWNSHIP PROPERTIES, LLC, WJF LIMITED LIABILITY COMPANY, WILLIAM G. CLARK, R.D. WAYNE DEVELOPMENT CO., LLC, REGINALD D. WAYNE, AND CIC

DEVELOPMENT CO., LLC JULY 11, 2025

In Re: Girod REO, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 132390.

BEFORE : McCLENDON, C.J., GREENE, STROMBERG, BALFOUR AND FIELDS, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The district court’s March 25, 2025 judgment granting defendants’ motion for separate appraisement and judicial sale is reversed. When a party raises a motion that must be proven, it is that party’s burden to present evidence establishing the claims made therein. Landis Const. Co. L.L.C v. State, 2015-1167 (La. App. Ist Cir. 2/29/16), 199 So.3d 1, 2. “Evidence not properly and officially offered and introduced cannot be considered, even if it is physically placed in the record. Documents attached to memoranda do not constitute evidence and cannot be considered as such on appeal.” Denoux v. Vessel Management Services, Inc., 2007-2143 (La. 5/21/08), 983 So.2d 84, 88. The only evidence admitted at the hearing were three maps introduced by defendants. Defendants failed to meet their burden of proof on the motion. Accordingly, defendants’ motion for

separate appraisement and judicial sale is denied. The writ is denied in all other respects.

Stromberg, J., dissents and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT