West v. Cajun's Wharf, Inc.

I must respectfully dissent. I would deny certiorari to the Court of Appeals thereby affirming the trial court’s refusal to grant a new trial as prayed in plaintiffs petition for new trial.

The single issue before this Court on appeal is whether the trial court abused its discretion in denying a plaintiff’s petition for new trial after an evidentiary hearing thereon below.

The trial court predicated its ruling upon a finding that plaintiff, with due diligence, could have discovered the whereabouts of a witness named Dozier prior to trial. A trial court has wide discretion on whether or not to…