Bacon v. Heirs of Cunningham – Case Brief Summary (Louisiana)

In Bacon v. Heirs of Cunningham, 99-135 (La.App. 5 Cir. 5/19/99), 735 So. 2d 931, 932, the Court vacated a summary judgment in which the motion for summary judgment had been served upon plaintiff's counsel only five days prior to the date of trial.

The Court held that the mailing of a copy of the motion for summary judgment to plaintiff's counsel, accompanied by a cover letter stating that defense counsel would attempt to have the hearing on the motion set on the morning of trial, did not comply with the mandatory language of article requiring service at least ten days prior to hearing, where plaintiff's counsel did not receive the mailing under five days before the hearing/trial date.