421 So.3d 267
La. Ct. App.2025Background
- TSM owned a renovation at 606–608 Harrison Ave.; Custom Drywall was general contractor and Coastal Fire submitted and had its proposal accepted to install a sprinkler system for $56,925.00.
- Coastal performed work and invoiced Custom; invoice no. 29469 for $13,559.28 remained unpaid.
- Coastal filed a Statement of Claim/privilege (lien) in Orleans Parish and sent demand; Coastal sued Custom and TSM for the unpaid amount, interest, filing costs, and to enforce the lien.
- Coastal moved for summary judgment; TSM failed to timely respond to requests for admission and did not file an opposition to Coastal’s second motion for summary judgment.
- Trial court granted Coastal’s October 11, 2024 summary judgment against TSM for $13,559.28 plus interest, costs, and maintained the lien; TSM appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying TSM’s motion to withdraw deemed admissions | Coastal argued requests for admissions were served and admissions stood; denial proper because TSM delayed over five months and showed no adequate excuse | TSM argued it was not properly served and sua sponte withdrawal should be allowed because other pleadings controverted the matters | Denial affirmed: court did not abuse discretion given dilatory response and adequate proof of service; deemed admissions not sole basis for judgment |
| Whether trial court erred in denying TSM’s continuance request before the summary-judgment hearing | Coastal: continuance was untimely and would not permit late opposition under strict Article 966 deadlines | TSM: needed time for new counsel to become familiar as prior counsel was suspended and it had difficulty securing replacement | Denial affirmed: trial court acted within broad discretion; movant failed to show good cause or diligence to obtain material evidence before hearing |
| Whether Coastal was entitled to summary judgment on unpaid invoice, interest, costs, and enforcement of lien | Coastal: showed performance, unpaid invoice, timely lien under Private Works Act, and supporting documentary evidence; opposition was required but not filed | TSM: argued Coastal ignored its verified answer and reconventional demand and that admissions/summary judgment were improper | Granted: Coastal met its burden under C.C.P. arts. 966/967; TSM filed no timely opposition or objections and evidence established debt, interest, filing costs, and validity/enforceability of the lien |
Key Cases Cited
- Indulge Island Grill, L.L.C. v. Island Grill, L.L.C., 220 So.3d 154 (La. App. 4 Cir. 2017) (discussing limits on using deemed admissions as sole basis for summary judgment where other pleadings controvert facts)
- Hoskins v. Caplis, 431 So.2d 846 (La. App. 2d Cir. 1983) (noting harshness of summary judgment based solely on deemed admissions)
- Duckworth v. Curole, 389 So.3d 832 (La. App. 1 Cir. 2024) (permitting late denials to operate as withdrawal requests and emphasizing trial court discretion on admissions)