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Lassere v. State3/28/2001
delay in rendition of judgment. These delays in the proceedings cannot be attributed to plaintiff's counsel.
Moreover, we are unconvinced by the suggestion that we should "weigh the prejudice" to defendants when plaintiff will not be able to meet his evidentiary burden at trial, in order to determine whether the time limitations set forth in LSA-C.C.P. art. 966 should be followed. The strength of an opponent's case on the merits does not outweigh the procedural protections afforded to the opponent of summary judgment.
Considering the procedural irregularities outlined above and the mandatory language of LSA-C.C.P. art. 966(B) & (D), we conclude that the September 22, 1999 judgment of the trial court, granting defendants' motion for summary judgment must be vacated. While it is true that the purpose of the summary judgment procedure is to allow courts to decide whether enough evidence exists to go to trial, thus giving judges an opportunity to weed out meritless litigation, Macaluso, 99-0935 at p. 4, 762 So. 2d at 182, the mover who seeks to avoid trial by summary judgment proceedings must comply with the procedural safeguards outlined therein.
Further, for the above reasons, we pretermit the issues raised by plaintiff's third assignment of error.
CONCLUSION
For the above and foregoing reasons, the September 22, 1999 judgment of the trial court granting defendants' motion for summary judgment is vacated. This matter is remanded for further proceedings. Costs of this appeal in the amount of $1,537.12, are assessed against defendants, Dr. Darren Gannuch and DHH.
VACATED AND REMANDED.
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