Opinion
2023 CW 0705
08-14-2023
TONI FLAD ROSSI v. ANTHONY ROSSI
In Re: Toni Flad Rossi, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2016-11187.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met. However, we note that unless otherwise agreed to by the parties, the report of a licensed mental health professional prepared pursuant to La. R.S. 9:331 (B) is not admissible unless the licensed mental health professional is present at trial for cross-examination. See Barker v. Barker, 2014-0775 (La.App. 1st Cir. 11/7/14), 167 So.3d 703, 705; Evans v. Evans, 2017-0627 (La.App. 4th Cir. 5/16/18), 247 So.3d 120, 124.
PMc
CHH
SMM