Arvie v. Cullivan, 261 So. 3d 771 (2019)

Jan. 18, 2019 · Louisiana Supreme Court · No. 2018-CC-1871

261 So. 3d 771

Hubert ARVIE
v.
Arthur CULLIVAN

No. 2018-CC-1871

Supreme Court of Louisiana.

January 18, 2019

ON SUPERVISORY WRITS TO THE 14th JUDICIAL DISTRICT COURT FOR PARISH OF CALCASIEU

Writ denied.

JOHNSON, C.J., would grant for the reasons assigned by Justice Hughes.

HUGHES, J., would grant and assigns reasons.

Hughes, J., would grant the writ.

Respectfully, 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.