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Mary Hotard Becnel, as Independent of the Succession of Daniel E. Becnel, Jr. Versus Camilo K. Salas III
MARY HOTARD BECNEL, AS INDEPENDENT NO. 25-C-357 EXECUTRIX OF THE SUCCESSION OF DANIEL E. BECNEL, JR. FIFTH CIRCUIT
VERSUS COURT OF APPEAL
CAMILO K. SALAS III STATE OF LOUISIANA
August 13, 2025
Linda Tran First Deputy Clerk
IN RE CAMILO K. SALAS III
APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE MICHAEL E. KIRBY, DIVISION "A", NUMBER 70,582
Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Scott U. Schlegel
WRIT GRANTED; RULINGS REVERSED; REQUEST FOR TRIAL BY JURY REINSTATED; MOTION TO CONTINUE TRIAL GRANTED; MATTER REMANDED
Defendant/relator, Camilo K. Salas III, seeks this Court’s emergency supervisory review of the trial court’s August 11, 2025 judgment which granted plaintiff/respondent’s Motion to Strike Jury Demand and denied relator’s Motion to Continue Trial, currently set for August 18, 2025.
On the showing made, after thorough review and consideration of the writ application and the supplement thereto, for the following reasons, we conclude that relator has shown the trial judge abused his discretion in granting the Motion to Strike Jury Demand, and also in denying the Motion to Continue Trial.
As shown by the transcript included in the writ application of the hearing before the trial judge on August 6, 2025, the judge admitted that he twice failed to render a written scheduling order in this matter: (1) the first time by failing to enter a proposed scheduling order prepared by respondent’s attorney, Mr. Klibert, and sent to the trial judge, Judge Kirby, subsequent to a December 28, 2022 telephone scheduling conference (which order was never signed by Judge Kirby); and (2) the second time by failing to enter a scheduling order after Judge Kirby sua sponte continued the trial on October 18, 2024, during a court hearing/conference. Such failures by the trial judge are in contravention to the provisions of La. C.C.P. art. 1551(B), which provides:
The court shall render an order which recites the action taken at the conference [pursuant to Paragraph A of this Article], the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel. Such order controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.
(Emphasis added.)
Trial courts are given discretion to hold pre-trial conferences for purposes of simplifying the issues of a case, determining whether pleadings should be amended, determining what material facts are truly disputed, and identifying witnesses, documents, and exhibits. Gutierrez v. Baldridge, 10-1528 (La. App. 3 Cir. 5/11/11), 65 So.3d 251, 254, writ denied, 11-1589 (La. 10/7/11), 71 So.3d 319. A court that holds such a conference must render an order memorializing the actions taken at the conference. La. C.C.P. art. 1551. That order “controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.” Id. Thus, the language in Article 1551(B) is mandatory when a pre-trial conference is held. (“The court shall render an order … .”).
The theory inherent in pre-trial procedure is the avoidance of surprise and the allowance of the orderly disposition of the case. Moonan v. Louisiana Medical Mutual Insurance Company, 16-113 (La. App. 5 Cir. 9/22/16), 202 So.3d 529, 533, writ denied, 16-2048 (La. 1/9/17), 214 So.3d 869.
The lack of a written pre-trial/scheduling order in this matter appears to have had a deleterious effect on the orderly disposition of the case. Given that no pre-trial/scheduling order was rendered in this matter on at least the two occasions noted above, and the protracted history of this case as revealed by the writ application, which evidences the need for “the avoidance of surprise and the allowance of the orderly disposition of the case” that the rendering of a proper pre-trial/scheduling order can achieve, we find that the trial court abused its discretion in denying relator’s Motion to Continue Trial and also in granting plaintiff’s Motion to Strike the Jury Demand.1
Accordingly, we grant the writ application, reverse the trial court’s rulings in question, reinstate relator’s request for trial by jury, grant relator’s Motion to Continue Trial, and remand the matter to the trial court for further proceedings consistent with this disposition.
Gretna, Louisiana, this 13th day of August, 2025.
JGG MEJ SUS
1 The writ application reveals that the basis for the Motion to Strike Jury Demand was defendant’s failure to timely post the jury bond and cash deposit in advance of trial in accordance with the law and the local rules of court, thus compelling the trial court to grant the Motion to Strike Jury Demand. It appears, however, that a Jury Bond Order was never issued by the trial court in this case, and thus, defendant never had an opportunity to timely comply with a Jury Bond Order.
SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. TRAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX www.fifthcircuit.org
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/13/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
25-C-357 E-NOTIFIED 40th District Court (Clerk) Honorable Michael E. Kirby (DISTRICT JUDGE) Kevin P. Klibert (Respondent) Camilo K. Salas, III (Relator)