Opinion
No. 2006-CA-0015.
March 7, 2007.
Appeal from the Civil District Court, Orleans Parish No. 2004-9602, Division "D-16", Honorable Lloyd J. Medley, Judge.
James M. Garner, Timothy B. Francis, Joshua S. Force, Christopher C. Chocheles, Sher Garner Cahill Richter Klein McAlister Hilbert, L.L.C., New Orleans, Louisiana, for Plaintiff/Appellee.
Michael P. Arata, Eugene J. Radcliff, Montgomery Barnett Brown Read Hammond Mintz, L.L.P., New Orleans, Louisiana, for Defendant/Appellant.
(Court composed of Judge JAMES F. McKAY III, Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE).
Prior report: La.App., 943 So.2d 1194.
ON REHEARING GRANTED
We granted a rehearing in order to reconsider our earlier opinion in this matter.
In our earlier opinion, we granted the outstanding motions to supplement the record and found that the motion to strike the defendants' assignments of error was moot because the two appeals had been consolidated. We affirmed the portion of the trial court's judgment as it pertains to the motion for protective order and sanctions awarded. We also reversed the trial court's granting of summary judgment and remanded the matter for further proceedings not inconsistent with our ruling.
On rehearing, we affirm our earlier opinion.