Environmental Procedures, Inc. v. Guidry

I concur in several parts of the court’s judgment1 but I part ways with the majority when it comes to the analysis of the trial court’s March 18, 2005 summary-judgment order (“March Order”). In its review of that order, the majority wrongly refuses to consider the evidence attached to the brokers’ reply (“Reply Evidence”). The Reply Evidence was timely filed more than 21 days before the submission date for the brokers’ motion for summary judgment, and this evidence conclusively proves the brokers’ limitations defense. Therefore, this court should affirm, rather than reverse, the March Order.

As…