Laura A. L'Herisson v. Davin Spring and Jennifer Spring

• Court: Louisiana Court of Appeal
• Decided: March 3, 2020
• Docket: 2020CW0003
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LAURA A. L' HERISSON NO. 2020 CW 0003

VERSUS

DAVID SPRING AND JENNIFER MAR 0 3 2029 SPRING

In Re: Laura A. L' Herisson, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton Rouge, No. 648, 667.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' JJ.

WRIT GRANTED. The provisions of the Louisiana Code of

Civil Procedure are not to be construed as an end in themselves and should be construed liberally so as to implement the substantive law. La. Code Civ. P. art. 5051. Thus, amendment

of the pleadings liberally allowed, should be providing the

movant is acting in good faith; the amendment is not sought as a delaying tactic; the opponent will not be unduly prejudiced and trial of the issues will not be unduly delayed. Beard v. Circle IC, Inc., 554 So. 2d 825, 826 ( La. App. lst Cir. 1989). Therefore, as the allegations contained in plaintiff, Laura A. L' Herisson' s, original and prior amended petitions were

sufficient to put defendants, David Spring and Jennifer Spring, on notice that plaintiff was seeking recovery for property damages resulting from the alleged increased water runoff and

elevation change from the Springs' property, the Third Amending and Supplemental Petition creates no surprise or prejudice to the defendants. Accordingly, the district court' s December 2, 2019 judgment, denying L' Herisson' s Motion for Leave to File Third Amending and Supplemental Petition, is reversed.

Plaintiff, Laura A. L' Herisson is granted leave to file her Third Amended and Supplemental Petition with the district court.

VGW

JMG WJB

DEPUTY CLERK OF COURT FOR THE COURT

Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.