
    Hubert ARVIE v. Arthur CULLIVAN
    No. 2018-CC-1871
    Supreme Court of Louisiana.
    January 18, 2019
    ON SUPERVISORY WRITS TO THE 14th JUDICIAL DISTRICT COURT FOR PARISH OF CALCASIEU
    Writ denied.
    JOHNSON, C.J., would grant for the reasons assigned by Justice Hughes.
    HUGHES, J., would grant and assigns reasons.
   Hughes, J., would grant the writ.

Respectfully, the trial court denied the motion to proceed in forma pauperis without a hearing and without reasons, by merely writing "denied" on the motion.

Plaintiff is entitled to the presumption provided by La. Code Civ. P. art. 5183(B). The law is clear. It was error to deny the motion without a hearing and evidence to rebut the presumption.  