Wilson v. State Farm Fire Ins

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
March 8, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 03-30445
_____________________
WILSON W. WILSON, appearing in his
capacity as the curator of
rpi Christel W. Fontenot,
Plaintiff - Appellee,
versus
STATE FARM FIRE & CASUALTY INSURANCE CO.,
Defendant - Appellant.
__________________________________________________________________
Appeal from the United States District Court
for the Middle District of Louisiana, Baton Rouge
USDC No. 96-CV-3345-C
_________________________________________________________________
Before JOLLY, DUHÉ, and STEWART, Circuit Judges.
PER CURIAM:*
We REVERSE and VACATE the judgment of the district court for
the following reasons:
First, the district court utterly failed to assign any written
reasons for its ruling in this bench trial. FED. R. CIV. P. 52(a).
We cannot affirm any such judgment without written reasons for the
rulings.

-- 1 of 2 --

2
Second, the district court committed reversible error when it,
sua sponte, excluded the testimony of Christel Fontenot, finding
her to be incompetent to testify. From the record before us there
is nothing to indicate, notwithstanding her particular mental
diagnosis, that she was incompetent as a witness. LA. CODE EVID. ART.
601.
Finally, the evidence in this record will not support a
judgment in favor of the plaintiff.
Accordingly, the judgment is REVERSED and VACATED and the case
is REMANDED for further proceedings not inconsistent herewith,
including a new trial if required.
REVERSED, VACATED, and REMANDED.

-- 2 of 2 --